Did the Opposing Side Hide Some Files?

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01Oct2008

Did the Opposing Side Hide Some Files?

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By Mark Kerzner, This Month’s Contributing Author

securing filesIn usual requests for production, you have to rely on the opposing party to follow the correct protocol and to produce all relevant ESI. To verify or challenge the protocol, you need to substantiate the claim, pointing out the ESI that has not been produced. But how can one point to the information if it has not been produced? We seem to have a vicious circle.

There is a way, however, and this way includes correctly crafted requests for metadata production. The request needs to be specific enough, so that it is not considered a fishing expedition. It has to be simple, so that it is not overburdensome. All this means that you have to do your home work with both the FRCP rules that apply and the technology that is relevant.

This article from the Metropolitan Corporate Counsel explains how to ask for Windows metadata, such as registry and log files, in the proper way.

About the Author
Mark Kerzner specializes in software design and implementation, security, forensics, law, and languages. To this end, he has MS in Math, MS in Computer Science, JD specializing in eDiscovery, and a working knowledge of 10 languages. You can visit his very informative blog for more information on a wide-range of topics.

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