But, as paper’s given way to electronically stored information (ESI), producing parties lacking computer expertise must blunder through or depend upon experts to access and interpret the evidence. Lawyers get disconnected from the evidence. When discoverable ESI resides in places the opposition can’t or won’t look, how can we accept a representation that “discovery responses are complete?” When there’s a gaping hole in the evidence, sure, you can do discovery about discovery.
But sometimes, you’ve just got to “get to the drive.” That means securing forensically qualified duplicates of relevant computer disk drives used by the other side, and having them examined by a qualified expert. Often lumped together, it’s important to consider these tasks independently because each implicates different concerns.
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