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.
In 2009, the Texas Supreme Court clarified the procedures for dealing with requests for production of electronic information in its In Re Weekley Homes decision. As a threshold matter, the parties should confer to discuss each side’s electronic-information storage systems in connection with requests for e-discovery.
