Electronic evidence and discovery : what every lawyer should know / Michele C.S. Lange, Kristen M. Nimsger.

Chicago : American Bar Association, c2004.

25212

Evidence (law) -- Documentary -- United States.

Computer files -- Law and legislation -- United States.

1. Introduction: 1.1 Explosion of e-evidence: statistics and case examples - the importance of e-evidence

1.2 The difference between electronic and paper evidence

1.3 Computer forensics v. electronic discovery: how the two disciplines impact the practice of law

1.4 Emerging law: common law, rules, and statutes addressing electronic evidence

2. Legal issues: 2.1 Discoverability

2.2 Data locations

2.3 Requesting electronic evidence in litigation

2.4 Responding to electronic evidence requests in litigation

2.5 Retention, preservation, and spoliation

2.6 Sanctions for spoliation of e-evidence

2.7 Cost bearing and shifting rules

2.8 Trial issues

3. Technology issues: 3.1 Computer forensics

3.2 Electronic discovery

3.3 Working with an e-evidence expert

4. Putting all of the pieces together: 4.1 Practical considerations

4.2 Where do we go from here? what is on the horizon?

Appendices: A. E-evidence case law summaries organized by topic

B. Rules and statutes relating to electronic evidence

C. Sample forms

D. Noise words

E. Secondary resources

F. Glossary of terms

Index.

1590313348

xviii, 255 p.