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The costs and delays of obtaining electronic discovery are magnified when a party requests electronic information from sources such as deleted files, backup tapes or metadata, or when a party seeks direct access to hard drives and other electronic-storage devices. Searching backup tapes and imaging hard drives can interfere with the normal operation of a business’ computer network. Likewise, providing or obtaining direct access to electronic storage devices may be intrusive and can expose confidential or privileged information. Fortunately, Texas courts have outlined a step-by-step process for requesting extraordinary electronic discovery and responding to such requests.

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