Michael Overly comments about new developments in the use of electronic evidence in forensics cases.
If the discovery request related to paper documents, the producing party would be able to cull out documents that were irrelevant or that contained attorney-client information or that were subject to some other privilege. But, if you produce the entire hard drive or permit an image to be created, the producing party would have no ability to narrow the range of information being provided to only the information relevant to the litigation.
[…]
To protect against this “wholesale rummaging,” the court ordered special procedures be used to limit the information disclosed to only information relevant to the litigation.
Read the whole article here.
