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1 - Investigations - Coggle Diagram

- - - - More likely than not
  - - - Information Governance
        
        Ensure that information is well organized for future eDiscovery efforts
      - Identification
        
        Locate the information that may be responsive to a discovery request when the organization believes that litigation is likely
      - Preservation
        
        Ensure that potentially discoverable information is protected against alteration or deletion
      - Collection
        
        Gathers the relevant information centrally for us in the eDiscovery process
      - Processing
        
        Screens the collected information to perform a "rough cut" of irrelevant information, reducing the amount of information requiring detailed screening
      - Review
        
        Examine the remaining information to determine what information is relevant to the request and remove any information protected by attorney-client privilege
      - analysis
        
        Perform deeper inspection of the content and context of remaining information
      - Production
        
        Place the information into a format that may be shared with others and delivers it to other parties, such as opposing counsel
      - Presentation
        
        Display the information to witnesses, the court, and other parties
- - - - Things that may be brought into a court of law
      - Ex: murder weapon, clothing, physical objects, seized computer equipment
      - Might be conclusive evidence
    - - Any written items brought into court to prove a fact at hand
      - This type of evidence must be authenticated
      - If an attorney wants to introduce a computer log as evidence, they must bring a witness into court to testify that the log was collected as a routine business practice and is indeed the actual log that the system collected
      - The best evidence rule states that when a document is used as evidence in a court proceeding, the original document must be introduced
      - The parol evidence rule states that when an agreement between parties is put into written form, the written document is assumed to contain all the terms of the agreement and no verbal agreements may modify the written agreement
    - - Testimony of a witness (verbal or written)
    - - User to support testimonial evidence
      - Items that may or may not be admitted into evidence themselves but are used to help a witness explain a concept or clarify an issue