If you or another party has made a copy or forensic image of Electronically Stored Information (ESI) of relevant materials, the copy / forensic image will need to be examined - before or during formal discovery. This legal form provides the protocol to do that with appropriate security for all concerned. Use it to draft an agreement between counsel or to draft an order to be submitted to the court on a contested motion.
#ELEC4530 Protocol for Inspection of Forensic Image of ESI is a form for discovery of the contents of a copy/image of ESI, by agreement or by court order, that protects privileged matter.
This form ELEC4530 is one of a series of three forms that help you with the discovery of electronically stored information, to wit:
#1. ELEC4526 — Agreement or Order for Expert to Examine Computers — provides for one neutral expert to do everything. It is a "faster and cheaper" combination of actions to be done. ELEC4626 is a form for an agreement between counsel that courts like to see. It produces sensible compromises and procedure. It proceeds on the premise that often all attorneys agree it is best ( and cheapest) to have one neutral forensic expert examine the involved computers, with protections to all concerned, whether they are the computers of your adversary or of your client. Read More or Buy Now »
#2 ELEC4529 — Agreement or Order — or Directions to your Own Expert — for Only Imaging a Computer. ELEC4529 provides only for quickly doing a forensic image of computers as a money-saving and spoliation prevention option. You gain a "frozen image" in the hands of an expert who can testify to foundation and chain of custody to the evidence you later find and use from that image. You gain the ability to put the computer, after the imaging, back into service without incurring spoliation penalties. This protocol works whether you are doing the imaging by agreement of the parties, by court order over the objections of the adversary, or by your own directions to your own expert. Form ELEC4529 "freezes, but does not discover" ESI. Read More or Buy Now »
#3 This form, #ELEC4530 — Agreement or Order for Inspection of Forensic Image Previously Made — provides for the discovery of the ESI contents of a previously made "frozen" forensic image. ELEC4530 provides for an expert examination to be performed in a manner that protects the interests of both sides of a dispute. Although the text is considerably enlarged and modified by our author, this legal form was suggested by the order in Schreiber v. Schreiber, 2010 WL 2735672 (N.Y. Sup. Ct. June 25, 2010). It is designed to be your base for drafting an agreement between you and adverse counsel. Also, absent an agreement between you and adverse counsel, this form protocol can be your draft for a proposed order for the court to sign.
ELEC4530 Protocol for Inspection of Forensic Image of ESI is available for only $28.
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