With the widespread use of computers, electronic evidence is everywhere. Not only do corporations store key documents on computers and servers, but they also store activity logs, deleted files, and, of course, the ever popular e-mail. Understanding electronic evidence, where it's stored, and how to go about retrieving it is imperative to the discovery process. E-mail, for instance, can reside on both personal computers as well as servers. How you go about retrieving this information may vary depending on the type of software used to store it and what type of storage media is used.

Also, depending on a company's backup policy, historical data can also be retrieved from backup tapes. Backup tapes can provide a wealth of information, but can also be very proprietary in nature and more difficult to work with. Pulling information from tapes often requires duplicating the exact operating environment in which the tapes were created. Once the data is removed, it often needs to be converted into a more meaningful or readable format.

With all these variables, it's more important than ever to obtain as much information, as soon as possible.

 

To help you consider the various sources of electronic data and how to retrieve them, please click on the links to the left. These questions may provide a starting point for you to use in your case. Of course, your particular circumstance may require asking more, or different questions than these. If you have any doubt, please retain a forensic expert.

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Some questions to consider when interviewing your clients' I.T. employees or seeking Electronic Evidence through a FRCP 30(b)(6) Deposition.