Things a Paralegal Should Know . . . More on E-Discovery

To understand E-discovery, one needs to understand discovery.  Discovery is the organized exchange of information between the parties to a lawsuit after the filing of Complaint and prior to trial.  During this time, the parties will, among other things, ask and answer written and oral questions, inspect documents and tangible items, admit to facts and the genuineness of documents and obtain information from third parties all in preparation for settlement or trial.  Discovery is governed by statutes, most of which are found in the California Code of Civil Procedure.

E-discovery is a term used to refer to the discovery of ESI (electronically stored information).  E-discovery was thrust into the limelight by the passage of Federal Rules of Civil Procedure (Fed.R.Civ.P.) effective in December 2006 and later amended which included the adoption of several rules which included reference to electronically stored files or information.

Because of the nature of technology, the parameters of electronic discovery far exceed those required to limit and police traditional discovery.  This has caused there to be great debate in the legal community of what is appropriate and what is not with regard to production of electronically stored information during litigation.

The bottom line for the paralegal is that technology is not decreasing, so the issues relative to electronic discovery will not be going away.  They will only be increasing in importance.  Do all you can to be informed on this subject.  In an earlier post, I listed several web sites and blogs that address issues related to e-discovery.  You might want to go back and take a look at those.

Advertisements

The URI to TrackBack this entry is: https://paralegalessentials.wordpress.com/2010/03/18/things-a-paralegal-should-know-more-on-e-discovery/trackback/

RSS feed for comments on this post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: