Electronic Discovery Issues

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However, the involvement of a wider array of people in e-discovery such as lawyers, IT administrators and forensic investigators has led to problems with mystifying vocabulary. It is noteworthy that issues pertaining to this unearthing of electronically stored information (ESI) have grown to become typical of civil proceedings in state courts (Duizend, 38). This is because these issues continue to change the way lawyers do go about their cases as in preparation, performance, and litigation. This paper delves into the world of electronic delivery by focusing on the recovery process which most of the time, but not all, is geared towards recovering of evidence to be used in court proceedings, and this is to determine its nature and extent in the society.
Duizend (37) asserts that the past 15 years have seen a growth in the pervasiveness nature of ESI for business, individuals and regimes alike. It is thought that the information produced yearly gets to be stored in an electronically way than the past years with the percentage having reached ninety-three, and this is, in addition to, 2.2 million emails that are being transmitted on a daily basis. This has resulted in a subsequent use of such information in litigations in which evidence forms a major part of the process. However, this change experienced in the creation and storage of documents has immensely affected the federal courts with the state courts still grappling with the issue. This is expected to continue for a couple of years ahead given the dynamism in the world digital information. This is because the revolution experienced in digital information is making available increased volumes and types of data. Therefore, lawyers have to be innovative with technology and evolve new methodologies that tag along with the wave as well as cost-effective for that matter to the cost-conscious clients.