Absent good cause, litigants generally need not produce ESI that is “not reasonably accessible." But, if produced, requesting party may have to pay for it.
Electronic messages may be "writings" subject to Best Evidence Rule requirement of use of originals in litigation. But, there are exceptions to the rule.
E-discovery software assigns each file loaded a "hash value" (string of alphanumeric characters) used to identify duplicates and detect changes to the file.
Ethics opinion: lawyers may advise clients to make social media post private, but post must not be deleted and must be produced if requested in discovery.
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