Electronic discovery, known as “e-discovery,” entails the preservation, harvesting, reviewing, and pretrial exchange of electronically stored information (ESI). Unlike civil litigation, criminal rules of procedure—at least at the federal level—have yet to explicitly accommodate ESI. This article proposes a map to help criminal defenders effectively advocate ESI-related issues.
Preindictment identification of relevant sources of ESI. Preindictment representation requires an understanding of ethical obligations and the tools used by the government that should be a trigger for counsel at the start of any case.