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CHAPTER 1
Gathering the Evidence 1
Form 1.1: General Preliminary Electronic Evidence Questions
for Your Client 3
Form 1.2: Checklist to Define the Scope of Electronic Discovery 4
Form 1.3: Checklist for Electronic Media Device Evaluations 5
Form 1.4: Checklist of Sources for Electronic Evidence 6
Form 1.5: Desktop Information Form 7
Form 1.6: Server Information Form 10
Form 1.7: Identification of Key IT Personnel 13
Form 1.8: Evidence Custody Form 14
Form 1.9: Electronic Database Management Checklist 16
Form 1.10: Guidelines for an Electronic Evidence Protocol 19
Form 1.11: Nonwaiver of Privilege Agreement 24
CHAPTER 2
Third-Party Experts 25
E-Discovery Vendors 28
Form 2.1: Electronic Discovery Vendor Checklist 28
Form 2.2: Electronic Discovery Vendor Contract 30
Computer Forensic Experts 32
Form 2.3: Guidelines for Hiring an Electronic Discovery or
Computer Forensic Expert 32
Form 2.4: Guidelines for Working with a Computer Forensic or
Electronic Discovery Expert 36
Form 2.5: Confidentiality Agreement 40
Form 2.6: Computer Forensics Services Agreement 42
Form 2.7: Computer Forensics Expert CV., 44
Data Hosting 54
Form 2.8: Internet Hosting Services Checklist 54
Form 2.9: Master Hosting and Service Agreement 56
CHAPTER 3
Preservation and Spoliation 67
Client Preservation of Evidence Letter 71
Form 3.1: Preservation of Evidence Letter to Client 71
Form 3.2: Preservation of Evidence Letter to Client
Post-Zubulake 72
Opposing Party Preservation of Evidence Letter 76
Form 3.3: Preservation of Evidence Letter to Opponent or
Third Party 76
Form 3.4: Preservation of Evidence Letter to Opposing Counsel 77
Form 3.5: Preservation of Evidence Letter 83
Form 3.6: Preservation of Evidence Letter 85
Form 3.7: Preservation of Evidence Letter to Opposing Counsel
Post-Zubulake 87
Third-Party Preservation of Evidence Letter 89
Form 3.8: Preservation of Evidence Letter to Third Party 89
Document Retention Policy 90
Form 3.9: Document Retention Policy 90
Form 3.10: Records Management Policy Statement 93
Electronic Data Preservation Protocol 100
Form 3.11: Electronic Data Preservation Protocol 100
CHAPTER 4
Proposed Amendments to the Federal Rules of Civil Procedure 105
CHAPTER 5
Electronic Discovery 109
Interrogatories 109
Form 5.1: Initial Interrogatories Subject to
Fed. R. Civ. P. 33(a) Limitations 111
Form 5.2: Interrogatories for Network Infrastructure 115
Form 5.3: Interrogatories for Internet Access and Usage 117
Form 5.4: Interrogatories for Computers/Servers 118
Form 5.5: Interrogatories for Software 119
Form 5.6: Interrogatories for Backup Systems 121
Form 5.7: Interrogatories for E-mail, Instant Messages, and
Other Forms of Electronic Communication 122
Form 5.8: Interrogatories for Telephony 124
Form 5.9: Interrogatories for Remote Access/Home Issues 126
Form 5.10: Plaintiff's Motion for Leave to File Supplemental
Interrogatories under Fed. R. Civ. P. 33(a) and 26(b)(2) 128
Form 5.11: Proposed Order Permitting Plaintiff to
Propound Additional Interrogatories 131
Form 5.12: Joint Stipulation to Permit Supplemental Interrogatories
(Defined Interrogatories by Number) 132
Form 5.13: Order to Permit Supplemental Interrogatories 134
Form 5.14: Joint Stipulation to Permit Supplemental Interrogatories
(Defined Interrogatories by Attachment) 135
Requests for Production 136
Form 5.15: Request for Production of Documents,
Electronically Stored Information, and Things 138
Form 5.16: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Network Infrastructure 142
Form 5.17: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Internet Access and Usage 145
Form 5.18: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Computers/Servers 147
Form 5.19: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Software 150
Form 5.20: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Backup Systems 152
Form 5.21: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding E-Mail, Instant Messaging,
and Other Forms of Electronic Communication 154
Form 5.22: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Telephony 157
Form 5.23: Request for Production of Documents,
Electronically Stored Information, and
Things Regarding Remote Access/Home Issues 159
Depositions 161
Form 5.24: Electronic Discovery Deposition Checklist 162
Form 5.25: Notice of Taking Deposition Pursuant to
Fed. R. Civ. P. 30(b)(6) 169
Form 5.26: Sample Subpoena to Internet Service Provider 173
Motions to Compel 176
Form 5.27: Plaintiff's Motion to Permit Inspection and
Copying of Computer Storage Devices or to Compel
Production of Computer Equipment by Defendant 178
Form 5.28: Proposed Order 182
Motions for Protective Orders 183
Form 5.29: Defendant's Rule 7.4 Expedited Nondispositive Motion
for Protective Order under Fed. R. Civ. P. 26(c) 184
Form 5.30: Affidavit of Defense Counsel in Support of Defendant's
Rule 7.4 Expedited Nondispositive Motion for Protective
Order under Fed. R. Civ. P. 26(c) 187
Form 5.31: Proposed Order 189
Form 5.32: Proposed Protective Order Regarding Preservation of
Home Computer 191
Motion for Sanctions 194
Form 5.33: Defendant's Rule 7.4 Expedited Nondispositive Motion
for Sanctions under Fed. R. Civ. P. 37 195
Form 5.34: Proposed Order for Sanctions 199
Rule 16 Meet and Confer 200
Form 5.35: A Rule 16(c) Pretrial Conference Agenda for
Computer-Based Discovery 201
Form 5.36: Joint Stipulation and Order Regarding Meet and
Confer Discussions - 206
Form 5.37: Model Order Regarding Preservation 208
Form 5.38: Default Standard for Discovery of Electronic
Documents ("E-Discovery") 211
Form 5.39: Consent Protective Order Governing Imaging,
Inspection of Computers and Protection of
Confidential and Privileged Information 215
Sample Orders 221
Form 5.40: Order for Preservation of Records
(Pharmaceutical Product Liability) 221
Form 5.41: Order for Preservation of Records
(Mutliparty, Complex Litigation) 224
Form 5.42: Ex Parte Order Establishing Procedures for
Examination, Copying, and Imaging of Computers,
Hard Drives, or Other Electronic Storage Media 230
Form 5.43: Ex Parte Statutory Restraining Order Concerning
Documents and Expedited Discovery 233-