Searching Correspondence for Document Discovery in Litigaiton

Almost all lawsuits will require the parties to search for and keep correspondence. Here are some of the most common documents that come up in litigation, the sources of those documents, and the ways in which you can keep and disclose those documents.

 

 

Type of Document Source of Document Retrieval Methods  
Emails All email accounts, including Gmail, Yahoo, or other cloud accounts Use an email client like Outlook, synchronize the account, then create the email file.  Do not print out emails or forward them.  
Letters, memos, and other notes File folders and filing cabinets, scanned documents directories, document management systems, backup drives Segregate physical letters and scan them; keep physical correspondence separately; identify the highest level of directory folder where correspondence can be found; filter for those files that may contain appropriate keywords, types of documents, or where possible recipient and author information, transfer electronic files to electronic media  
Text messages Phones and online applications Where someone keeps text messages, most phones contain an app enabling you to save or archive copies of text messages; save to electronic medium.  
Social media messages Social media applications like Facebook or LinkedIn Most services do not allow for retrieval of messages; may need to create screenshots; when creating screenshots - record URL, time, date, and location of when screenshot taken.  
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