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What is E-Discovery? E-discovery refers to discovery in civil litigation which deals with information in electronic form. In this context, electronic form is the representation of information as binary numbers. Electronic information is different from paper information because of its intangible form, volume, transience, and persistence.

ESI can be stored in every type of electronic media including hard drives, thumb drives, computers, handheld devices, backup tapes, and optical disks and includes e-mails, voice-mails, instant messages, text messages, documents, spreadsheets, databases, file fragments, metadata, digital images, and digital diagrams. Evidence of destruction of ESI or failure to produce ESI during E-Discovery can lead to costly penalties, sanctions, and potential loss of the lawsuit through declaratory judgment.