CS 6963 WK 10

CS 6963 WK 10 - Page 1 of 21 Unit 10 The Law of Evidence...

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Page 1 of 21 Unit 10 The Law of Evidence FEDERAL RULES OF EVIDENCE http://www.law.cornell.edu/rules/fre/ Federal Rules of Civil Procedure (FRCP) governing e-discovery http://www.fiosinc.com/case-law-rules/e-discovery-federal-rules-civil-procedure-frcp.aspx This week we will return to the law. Forensic examiners must understand how evidence is admitted into court and the rules governing its admission. After All, if the evidence isn't admitted, it is not considered at trial! The testimony of examiners is governed by a set of rules as well. These rules distinguish the ordinary fact witness from the expert. Interestingly, you may have to qualify as an expert even if you are not testifying about a forensic examination! After you have viewed the lecture, you will have a Discussion Question to answer. You should be continuing work on your final laboratory examination. Have a good week! Unit 10 Discussion Question Your company has been sued for racial discrimination. In response to a Civil Discovery Order, you have been tasked to restore a backup of your company's email and extract communications between five of your company's 10,000 employees. Do you think you might have to testify? If called to testify would you testify as a fact or expert witness and why?" Respond
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Page 2 of 21 RESEARCH ANSWERINCOMPLETE Electronic Data Discovery, otherwise known as e-Discovery or EDD, relates to locating responsive documents that are part of electronically stored information (ESI). The role of an electronic discovery expert or e-Discovery expert is to help bridge the gap between lawyers and information technology. The changes to the Federal Rules of Civil Procedure (FRCP) in December of 2006 mandate that discovery is to include electronic evidence as part of the discovery process (e-discovery). The inclusion of electronic document discovery within the federal courts addresses the pervasive use of computers in both corporate and personal environments. With approximately 90% of all new documents being stored electronically, electronic discovery or e-Discovery should be considered for all legal cases. The FRCP states that electronic discovery or e-Discovery must commence immediately upon filing of an action. Each party should retain a qualified electronic data discovery expert prior to commencement of trial to assist with the multitude of e-Discovery issues, especially for those that fall within complex litigation. The scope of e-Discovery encompasses all electronic communication including e-mail and
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CS 6963 WK 10 - Page 1 of 21 Unit 10 The Law of Evidence...

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