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Digital forensics and investigations : people, process, and technologies to defend the enterprise by
Call Number: HV 8079 .C65 S23
Publication Date: 2018
eDiscovery & Digital Evidence by
Call Number: KF 8947 .G8
E-Discovery: from 50,000 feet to ground level : what every attorney needs to know in order to practice law in this century by
Call Number: KF 8902 .E42 E44
Publication Date: 2016
Electronic discovery and digital evidence in a nutshell by
Call Number: KF 8902 .E42 S34
Publication Date: 2016
Also available as an ebook at https://lawlibrary.franklincountyohio.gov/ for Central Ohio attorneys with a library card.
Electronic discovery and records and information management guide by
Call Number: KF 8947 .G83
Legal Ethics and Social Media: A Practitioner's Handbook by
Call Number: KF 390.5 .C6 J33
Publication Date: 2017
Ohio Rules of Court
Oh. Rule of Civ. Pro 16
Discovery, including electronic discovery, issues are appropriate topics for resolution during pretrial conferences.
Oh. Rule of Civ. Proc. 26
Discovery, including electronic discovery is permitted but a party is not required to produce e-discovery if the production is too burdensome or costly as is the case with traditional discovery. The four criteria for analyzing claims of undue burden mirror criteria in Federal Rule 26(b)(c).
Oh. Rule of Civ. Proc. 30
Depositions upon Oral Examination
Oh. Rule of Civ. Proc. 31
Depositions of Witnesses upon Written Questions
Oh. Rule of Civ. Proc. 34
Requests for production of document. This rule allows a party requesting e-discovery to specify the format(s) in which it should be produced and requires the responding party to articulate any objections to the requested format(s). If objecting, the responding party must state the format(s) it intends to use for production.
Oh. Rule of Civ. Pro. 37
Sanctions for failing to respond to discovery requests. Unlike the Federal Rule 37, Ohio’s Rule 37 provides factors a judge should consider in determining whether to sanction a party that has destroyed potentially relevant e-discovery. The factors are:
1. Whether and when any obligation to preserve information was triggered;
2. Whether the information was lost as a result of the routine alteration or deletion of information that attends the ordinary use of the system in issue;
3. Whether the party intervened in a timely fashion to prevent the loss of information;
4. Any steps taken to comply with any court order or party agreement requiring preservation of specific information;
5. Any other factors relevant to its determination under this division.
Oh. Rule of Civ. Proc. 45
a subpoena may be used to obtain e-discovery from nonparties.