Digital Archaeology: The Art and Science of Digital Forensics

16. Litigation and Electronic Discovery

Much of the discussion in this book so far has treated evidence as though it were to be presented in a criminal investigation. Digital detectives employed by a corporation are more likely to spend the majority of their time involved in civil litigation than in criminal action. In any legal case, one of the first steps taken is for both sides to meet and discuss what evidence is relevant to the proceedings and come to an agreement on how the information controlled by each litigant will be made available to the other party. The presentation of all documents relevant to a case is a process known as discovery. In virtually every case filed in U.S. courts today, the presentation of electronic documents is crucial ...