This Guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. Whether it is a "meet and confer" or request for production these are the critical issues to focus in requesting or producing ESI. It provides you with a valuable strategy and checklist for, and guidance on, the legal and technology issues affecting your pretrial e-discovery decisions.
The Guide is cross-referenced and hyperlinked with the Arkfeld on Electronic Discovery and Evidence treatise and part of the CD-ROM. The 16 issues are:
§3.1 - Nature of Claims and Defenses
§ 3.2 - Scope of Discovery
§ 3.3 - Terminology and Classification of ESI
§ 3.4 - ESI Discovery, Type and Storage
§ 3.5 - Preservation Obligation and Litigation Hold
§ 3.6 - Controlling Costs
§ 3.7 - Search Methodology and Protocol
§ 3.8 - Inspection of Computer System and Deleted ESI
§ 3.9 - Chain of Custody and Evidentiary Issues
§ 3.10 - Rule 34 and Form of Production
§ 3.11 - Work-product, Privileged ESI, Nonwaiver Agreement and Retrieval Procedure
§ 3.12 - Accessibility of ESI and Cost Allocation
§ 3.13 - Burdensome, Relevancy and Overbroad
§ 3.14 - Protective Orders - Rule 26(c)
§ 3.15 - Certification of Production Efforts and Search Methodology and Protocol
§ 3.16 - Spoliation and Sanctions
