Electronic discovery has created new traps and pitfalls in document production. But, armed with some best practices on handling electronic records, litigators can proceed with confidence.
The electronic documents sought in discovery often are stored on multiple computers and hard drives across the country; they sometimes are stored in different formats, which may not be compatible. As with any other records, parties have a duty to preserve electronically stored information (ESI). The duty to preserve arises when a party knows or should have known that the evidence is relevant to current or future litigation. Fulfilling this duty can be exceedingly challenging, considering the potentially enormous volume and numerous sources of ESI.
