April 23, 2013 Articles

Admissibility of ESI: How to Turn “Hot Docs” into Successful Verdicts

After obtaining electronically stored information, one critical step remains: ensuring it can be admitted as evidence.

By Andrea Donovan Napp and Brian J. Wheelin

It has been a long road. You incurred significant costs working with the client in searching for, retrieving, and reviewing its electronically stored information (ESI). You spent countless hours reviewing your adversary’s electronic production and haggling over its deficiencies.

But the work paid off. You ultimately uncovered a number of critical documents that will greatly support your client’s position at trial. You are relishing the moment of confronting key witnesses with these critical emails, text messages, photographs, and computer records. At least in this regard, you are ready.

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