Guide · Litigation
Electronic Discovery and Digital Evidence: A Comprehensive Guide to Preservation, Production, and Sanctions
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-06-21
- Topic
- Litigation
This guide states the law and practice of electronic discovery from the trigger of the preservation duty through production, admissibility, and sanctions. Part 1 covers the preservation duty, its trigger, its scope, and the documentation that makes it defensible. Part 2 covers the rules defining scope, including proportionality and the not-reasonably-accessible limit. Part 3 walks the production life cycle, from identification through collection, processing, review, and production format. Part 4 addresses search methodology and technology-assisted review, including validation. Part 5 covers privilege, clawback, and Rule 502. Part 6 covers admissibility. Part 7 sets out the sanctions framework under Rule 37 and related authorities. Later parts address third-party and cross-border data, mobile and ephemeral messaging, cost allocation, and state variations.
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