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Perspective

Nov. 29, 2013

Obtaining forensic imaging orders for ESI

An imaging order is an order directing that the contents of one or more storage devices be forensically imaged by a neutral technical expert. By Daniel J. Friedman


By Daniel J. Friedman


In the era of paper discovery, a party who believed that responsive documents had been withheld from production would file a motion to compel, which is governed by specific provisions in the Code of Civil Procedure. In the modern era of electronically stored information (ESI), a key remedy for a party seeking the production of ESI is an imaging order. Although the Code of Civil Procedure does not address imaging orders, a party litigating in...

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