What are the stages of the eDiscovery process?

What are the stages of the eDiscovery process?

Officially, the Electronic Discovery Reference Model (EDRM) framework outlines the standards of the eDiscovery process. The following are officially recognized phases of eDiscovery. The phases may need to be repeated as researchers understand more about the data.

  • Ediscovery Stage 1: Information Governance.
    • Organize and maintain data in a way that mitigates risk and cost should an entity have to perform eDiscovery.
  • Ediscovery Stage 2: Identification.
    • Determine location, scope, breadth, and depth of ESI. 
  • Ediscovery Stage 3: Preservation.
    • Ensure that ESI is protected.
  • Ediscovery Stage 4: Collection.
    • Gather, process, and review ESI for use in the eDiscovery process.
  • Ediscovery Stage 5: Processing.
    • Reduce the volume of ESI and convert to more usable forms (for review and analysis).
  • Ediscovery Stage 6: Review.
    • Evaluate ESI. Determine what data is important and who needs to have it.
  • Ediscovery Stage 7: Analysis.
    • Evaluate ESI for content and context.
  • Ediscovery Stage 8: Production.
    • Deliver ESI to others in appropriate forms and use appropriate delivery mechanisms.
  • Ediscovery Stage 9: Presentation.
    • Display ESI before audiences (at depositions, hearings, trials, etc.), especially in native and near-native forms, to elicit further information, validate existing facts or positions, or persuade an audience.

EDiscovery begins from the time a lawsuit is in motion and runs until the digital evidence is presented in court. The process can be broken down into three general phases:

  1. Attorneys identify the ESI and custodians relevant to the litigation and place the data on a legal hold.
  2. Both parties determine scope, identify any relevant data, and make eDiscovery requests and challenges. There is generally some back and forth regarding search parameters.
  3. Certified professionals extract the evidence, analyze it, and then convert it into a usable format (e.g., PDF) for court. These experts use analytical search techniques like pattern and trend identification to search and use resources more efficiently.