I think we can all agree that discoverable sources of electronically stored information (ESI) in litigation now extend well beyond the traditional email and office files. But what else should you collect? To answer that question, consider what applications your business uses – because ESI is being generated from those applications, which makes that ESI potentially discoverable in litigation.
Here some of the common sources of ESI in business today that might be discoverable in litigation cases:
As a reminder, these are common sources of ESI in businesses today, which means that they are likely discoverable as well. There are plenty of others that could be discoverable as well, depending on the type of case and the ESI that could be at issue.
Regardless, when considering what type of ESI to collect for litigation, start by considering what applications your business uses. If your business is using them, there’s a good chance your client’s business is using them too, which makes them potentially discoverable for litigation. Each source of ESI requires a unique approach to discovery to ensure evidence authentication, so it’s important to work with professionals who understand best practices for collecting from each source.