Washington Best Practices for Electronic Discovery in Criminal Cases is a set of standards developed by the Washington Supreme Court to ensure uniformity, accuracy, and efficiency in the discovery of electronically stored information (ESI) relevant to criminal cases. The Best Practices provide guidance to criminal justice professionals in the collection, preservation, and production of ESI. The Washington Best Practices for Electronic Discovery in Criminal Cases includes two types of Best Practices: General Best Practices and Technology-Specific Best Practices. General Best Practices include guidance on the roles and responsibilities of prosecutors, defense attorneys, and court personnel in the discovery process, including protocols for creating and maintaining an effective chain of custody. Technology-Specific Best Practices provide guidance on the collection, preservation, and production of ESI for specific electronic media, including email, text messages, audio/video recordings, and social media accounts. The Washington Best Practices for Electronic Discovery in Criminal Cases are intended to encourage best practices in the management of ESI and ensure that the criminal justice professionals are able to effectively use ESI as evidence in criminal proceedings.
Washington Best Practices for Electronic Discovery in Criminal Cases
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FAQ
The ultimate goal of eDiscovery is to produce a core volume of evidence for litigation in a defensible manner.
Discovery can also involve physical items, like medical exams or a defective product. But increasingly, discovery is focused on electronically stored information (ESI), which is why lawyers often use the term eDiscovery to distinguish the discovery of electronic records from other forms of discovery.
Cyber Security: One of the biggest disadvantages of using e-discovery is the security of electronic communications. While most of the time electronic communications are very safe there is always the chance that communications could be compromised by an outside actor or held for ransom in a cyber attack.
Collection: Gather information for e-discovery use. Processing: Reduce the volume the relevant ESI and convert it for review and analysis. Review: Determine the data's e-discovery relevance.
Identification With this in mind, the first stage of the EDRM is ?Identification,? and includes any activities?such as case reviews and interviews?that assist in identifying key pieces of electronic information that are likely to be important to a case down the line.
Examples of ESI that might be considered legal eDiscovery are emails, documents CAD/CAM files, databases, image files, instant messaging chats from Slack and other platforms, websites, and any other relevant electronic information.
The following is a simple description of the e-discovery process: Identification. ESI is identified by attorneys.Preservation. Data that is identified as potentially relevant is placed under legal hold so it cannot be destroyed.Collection.Processing.Review.Production.
The Six Step eDiscovery Process Data Collection. Data Transfer. Data Processing. Early Case Assessment. Document Review and Exchange (Production) Case Termination.