E-Discovery Hops from CivPro to CrimPro
ediscoveryinfo, March 12, 2008
This article discusses an opinion given by U.S. Magistrate Judge John Facciola about electronically stored information (ESI). In response to the case of United States v. O’Keefe, Facciola discusses the lack of legal rules that dictate how ESI is handled during criminal cases, as opposed to civil cases.
According to Facciola, “It [would be] foolish to disregard [the Federal Rules of Civil Procedure] merely because this is a criminal case, particularly where, as is the case here, it is far better to use these rules than to reinvent the wheel when the production of documents in criminal and civil cases raise the same problems.”
We agree with the Judge and believe that regardless whether a case is civil or criminal, electronic documents should be detected, preserved and presented all in the same fashion. In fact, we’ve heard from an increasing number of criminal and white collar defense attorneys who are thinking about ESI in terms of evidence capture and chain of custody protection.