subject: Setting The Stage For Admissible Evidence [print this page] Heard regularly in media speak is the phrase "information governance". A solid framework structure prevents loss of data and establishes the parameters by which data is accessed. A formidable structure is important for keeping the wrong people out, but during litigation, access needs to be granted to allow the right people in to a corporation's data structure. E-discovery software is a vehicle that navigates the security and firewalls surrounding information governance with ease.
Brought under question of what fits under the prevue of the Federal Rules of Civil Procedure (FRCP), data sources such as voicemail, instant messages and backup memory drives fall in a grey area in terms of open access in litigation matters. If supporting a case, there is a question of whether electronic evidence can be drawn from these almost-intangible sources.
In pending litigation, corporations have an obligation to divulge most data that is preserved in email and on servers, both in-house and cloud-hosted. However, there is a dispute over electronic discovery conducted on data that is over 15 years old. In some states there is a statute of limitations that nullifies information that is outdated.
Not only can a computer system review and parse subject-specific data for litigation purposes, but given certain parameters it can prioritize how applicable each bite of information is to the process. If looking for a needle in a haystack, one only wants the needle not the hay.
The sheer volume of data amassed in the document review process can exceed a terabyte, which makes an attorney-directed investigation not cost-effective. To help determine relevant material for a court case, specialized software is used to sift through the digital data mountain.
Participants in international cases can reach materials that reside on servers throughout the world. Without having to leave the building, specially trained administrators can secure data that is housed at the corporate level in different states and countries. While preparations for a court case progress corporate authorities can make data available to the e-discovery team to build applicable information.
Computers are capable of parsing through forms and documents with ease when they are in an electronic format. However, most often there are printed papers such as W-2 forms and payroll documents that contain information pertinent to the case. Frequently, the combined use of Optical Character Recognition (OCR) software and the human eye to validate the translation can expedite the processing of hard-copy evidence.
In a perfect discovery scenario all the data being collected and categorized would be digital and the rules applied to what data is legally admissible would be clear. However, even in a grey zone e-discovery software can ease the process for any court investigation.
