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eDiscovery

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May 11, 2024 Updated July 12, 2025 17 minute read

Electronic discovery (eDiscovery) is a branch of law that governs the discovery of electronically stored information (ESI) in civil litigation and investigations. ESI can include emails, word processing documents, spreadsheets, databases, audio files, video files, and images. eDiscovery is a complex and rapidly evolving field that presents challenges for legal professionals, corporations, and individuals alike.

How eDiscovery Works

eDiscovery is a process that involves identifying, collecting, preserving, and producing ESI that is relevant to a legal matter. The eDiscovery process can be divided into five main phases:

  • Identification: The first step in eDiscovery is to identify the ESI that is relevant to the legal matter. This can be done by searching for ESI using keywords, date ranges, and other criteria.
  • Collection: Once the ESI has been identified, it must be collected and preserved. This can be done by copying the ESI to a separate location or by using a software tool to collect the ESI.
  • Preservation: The ESI must be preserved in a way that ensures its integrity and authenticity. This can be done by storing the ESI in a secure location and by preventing it from being altered or destroyed.
  • Processing: The ESI must be processed to make it searchable and usable. This can be done by using a software tool to convert the ESI into a common format and by removing duplicate copies of the ESI.
  • Production: The ESI must be produced to the other party in the legal matter. This can be done by providing the ESI on a physical medium or by making it available electronically.

Why Learn eDiscovery?

There are many reasons to learn about eDiscovery. Some of the most common reasons include:

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We've selected two books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in eDiscovery.
A comprehensive guide to eDiscovery, covering all aspects of the eDiscovery process, from discovery to production.
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