Denial of Service White Papers

The Federal Rules of Civil Procedure: The Impact of Digital Discovery

Overview Despite the benefits, the move to digital documents poses new challenges in the discovery context. First, it may be difficult, time-consuming, and/or expensive for the producing party to segregate relevant from non-relevant or privileged from non-privileged information when it is stored in this format. For example, parties are often required to search back-up tapes, but such tapes are generally designed only for disaster recovery, not for retention and data retrieval, so the cost and burden of reconstructing, restoring, and searching data on such tapes can be enormous. Second, the operating systems for both the producing and the discovering party may be incompatible. A further potential problem relates to "hidden" evidence. There may be more relevant information stored digitally than normally would exist in an all-paper environment. Deleted information may be stored unintentionally in backup files. Solutions to this problem - to suspend business activity in order to preserve this information, an extremely costly solution for the producing party, or to preserve every document of the company, which could lead to a system crash - are imperfect at best.

Further White Paper Details
PublisherHarvard University File FormatHTML
Date PublishedOctober 2000 Downloads28
FormatWhite Papers   
Topics
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