| Michigan ESI Rules |
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The day has come for litigators in Michigan Courts. As of January 1, 2009, the discovery rules relating to electronically stored information (ESI) have changed. The good news is that the Michigan Rules closely parallel the Federal Rules of Civil Procedure e-discovery rules. Do you have to become an IT expert to ensure that you comply with the new rules? The answer is no but you do need to map your digital evidence strategy and align yourself with a trusted partner for data preservation, computer forensics and e-discovery . The Center for Computer Forensics has a staff of certified and licensed computer forensics experts that understand the legal requirements of the attorney and how to comply with all state and federal rules. Litigation Holds and Planning Small steps at the beginning of the ESI discovery process can make your job more manageable later in the litigation. The first step is to find out where custodian's data is stored on IT systems whereupon you create a data map. The data map is the basis for the litigation hold policy and preservation program. The Examiners at the Center for Computer Forensics will help you communicate with the IT staff to make sure that you get the complete custodial data map and make sure that forensically sound processes are followed during preservation. Scheduling Conference Going into the scheduling conference you will understand the custodial data so now it’s important to understand the challenges of producing the data including privilege waiver, form and/or format of data, accessible data versus inaccessible data, accessing backed-up data, et cetera. It is important to have your own computer ESI expert on hand to ensure that agreements are feasible and appropriate. For example, agreeing to produce data from backup tapes may sound straightforward but it can be a complex and expensive proposition when there are other cost effective ways to produce the data. Above all, do not commit to anything that you are not sure can be executed by your client or your vendor. The Center for Computer Forensicss experience in preservation and e-discovery will help you negotiate and avoid technological issues that will cause problems including putting a strain on your client’s IT staff. Production By the time you get to the production of documents all the decisions have been made so it’s only a matter of executing what has been agreed upon. Please contact us during any element of the process and allow our expert staff to help you and your client through the technology element of the process. |
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| Preservation Overview |
| What is Data Preservation? |
| How to Start the Process |
| Michigan ESI Rules |
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