eDiscover is a legal process in which electronic data is discovered and collected for use as evidence in a court case. It can also be used to refer to the software tools used to perform this process.
The term “eDiscovery” (sometimes written as “ediscovery”) is derived from the Federal Rules of Civil Procedure. The rules, which became effective in December 2006, allow for the discovery of electronically stored information (ESI), including email and other types of communication, in civil litigation.
eDiscovery software tools automate the process of identifying, collecting, and analyzing ESI. These tools can be used by organizations to manage their own eDiscovery process or by law firms and service providers on behalf of their clients.
eDiscovery software typically includes features such as data culling, which allows users to remove irrelevant data from a collection; predictive coding, which uses artificial intelligence to prioritize documents for review; and analytics, which helps users understand the data and make decisions about how to proceed.
Importance of eDiscover
eDiscovery can be used in a variety of settings, including:
- Criminal cases: In criminal cases, eDiscovery can be used to collect evidence such as email communications, social media posts, and text messages.
- Civil litigation: In civil litigation, eDiscovery can be used to collect evidence such as email communications, financial records, and contracts.
- Internal investigations: Organizations can use eDiscovery to collect data for internal investigations, such as allegations of employee misconduct or violations of company policy.
- M&A due diligence: When two companies are considering a merger or acquisition, they may use eDiscovery to collect data about the other company, such as financial records, customer lists, and employee communications.
eDiscovery Process
The eDiscovery process typically includes the following steps:
- Identifying relevant data: The first step in eDiscovery is to identify the data that is relevant to the case. This data may be stored on computers, servers, email accounts, social media accounts, and other devices.
- Collecting the data: Once the relevant data has been identified, it must be collected. This can be done manually or with the help of eDiscovery software.
- Processing the data: The next step is to process the data. This includes removing irrelevant data, converting files to a standard format, and deduplicating the data.
- Analyzing the data: The data is then analyzed to identify relevant information. This may be done manually or with the help of eDiscovery software.
- Reviewing the data: Once the relevant information has been identified, it must be reviewed. This step is typically done by lawyers, paralegals, and other legal professionals.
- Producing the data: The final step is to produce the data. This includes creating a report or presentation that can be used in court.
eDiscover vs. Digital Forensic
Digital forensics is the process of using scientific methods to collect, examine and analyze data from digital devices. The goal of digital forensics is to reconstruct past events or identify the person responsible for an event. eDiscovery, on the other hand, is a legal process in which electronic data is discovered and collected for use as evidence in a court case.
eDiscovery software tools can be used for digital forensics, but they are not the same thing. Digital forensic tools are designed to collect data from a single device, while eDiscovery software is designed to collect data from multiple sources and to manage the process of identifying, collecting, and analyzing that data.