Imaging — without any further examination and without disclosure of the contents of computers — may be agreed upon by the parties as a mutually beneficial way to get Electronically Stored Information (ESI) quickly preserved. Such an agreement allows the parties to put their computers (or other ESI storage devices involved) put back into productive service without fear of loss of evidence. Immediate imaging may be your option of choice, both for what you want your client to do, and what you want the adversary to do. If you adversary will not agree on it, consider asking the court for immediate imaging in the objective, safeguarded, manner of this protocol.
This legal form (Agreement or Order for Imaging Computers) gives you:
Preview: Here are two of the sections of this protocol that can be used for your agreement with counsel, for your proposed order on a contested motion, or simply as directions to preserve your own client's evidence.
07. Hash values. All images and copies of images shall be authenticated by generating [a hash value] [an MD5 hash value] verification for comparison to the original hard drive.
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10. Non-disclosure. The Forensic Examiner will not deliver copies of the forensic images and will not disclose any information in the forensic images, to the parties or any other persons, pending [the further order of the court or the joint request of both parties] [the request of the attorney for A].
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