Digital Forensics for Legal Professionals

Chapter 16. Discovery of Digital Evidence in Civil Cases

Information in this chapter:

• Rules governing civil discovery

• Electronic discovery in particular

• Time is of the essence

• Getting to the particulars

• Getting the electronic evidence

Methods for getting the evidence in civil cases are different than those in criminal cases because civil cases are governed by different rules. In this chapter we briefly discuss the rules governing civil discovery. We also begin laying out the process for determining what to ask for and where it might be and take a walk-through approach of the method by using a case scenario. Also included are simple examples of civil discovery orders for electronic evidence.

Keywords

Rule 26, Rule 29, Rule 34, Rule 45, Discovery ...