“Contents at a Glance”
Checklist: Deposition of IT Person regarding Electronically Stored Information
- 1. BACKGROUND ON THE DEPONENT AND EMPLOYER
- 2. RECORDS AND DOCUMENTS AT THE DEPOSITION
- 3. WHO HANDLES, OR HAS ACCESS TO, THE INFORMATION TECHNOLOGY STRUCTURE OF THE COMPANY?
- 4. HARDWARE: COMPUTERS, SERVERS, AND STORAGE DEVICES
- 5. PERSONAL EQUIPMENT AND WORKSTATION AVAILABILITY
- 6. EMAIL
- 7. VOICE MAIL
- 8. WORD PROCESSING
- 9. SOFTWARE PROGRAMS THAT MAY BE INVOLVED
- 10. DATABASES OF YOUR SPECIAL INTEREST
- 11. SECURITY: ACCESS AND ESI CHANGES
- 12. SUBSTANTIVE ESI INFORMATION YOU CAN GATHER TODAY
- 13. COMPANY INTERNET AND INTRANET SITES
- 14. PROCEDURES ON BACKUP, STORAGE, AND DESTRUCTION
- 15. LITIGATION HOLD EVENTS, POLICIES, AND PROCEDURES
- 16. YOU DID NOT PRESERVE THAT? THEY DESTROYED THAT?
- 17. SUBSTANTIVE INFORMATION DEPONENT KNOWS
- 18. HOW YOU WANT TO END THIS DEPOSITION
This is a simple to follow checklist. Before the deposition, you’ll know what you need to ask the witness— and you will be organized for asking questions about electronic information storage and discovering what is available.
Fact: today, most external and internal correspondence is either e-mail or it is written on a computer, and the sender’s copy is kept electronically. In today’s world most documents and data of any kind are electronic. Studies in the United States show that at the beginning of this 21st century over 90% of new correspondence and data was stored electronically, not in file cabinets. Now a few years later, it is approaching the 98% mark, and heading higher.
This outline form “Electronic Records Discovery Deposition” can be used by you to ease your way in just about every litigated case you do that involves business records. You may not be taking a deposition of the company’s person in charge of the computer network, but during the deposition of some corporate employee you probably will want to ask some of these questions. Once you get onto the subject of electronic records of the witness or his/her company, you will probably want to use the “Electronic Records Discovery Deposition” checklist to remind you of possible questions you should ask the witness.
And of course, this also works as a checklist in building your Demand For Production or your Request for Items to Bring to the Deposition.
What is the Electronic Records Discovery Deposition form?
Electronic Records Discovery Deposition is a checklist. It is a simple, easy to follow, standard for listing and evaluating the questions you should ask. Because business computer systems have so many differences from company to company, we cannot give you a checklist of every conceivable thing you will have to ask. But with 26 pages of outlined questions, you probably will not have to add much to the outline to be out the door and our your way to a successful deposition.
This is a simple to follow checklist. Before the deposition, you’ll know what you need to ask the witness— and you will be organized for electronic discovery!
Electronically Stored Information (ESI), with its metadata, is hard to discovery — unless you know the questions to ask. If you don’t know the questions, the deponent your adversary attorney has selected for you to depose will know how to “not volunteer” and avoid questions. You need targeted questions to get the answers of what eData is stored and where is stored, (and what intentionally was deleted). That is why you need a detailed checklist outline!
The Electronic Records Discovery Deposition form, with its 26 single spaced pages, is available for the price of only $56.