8.13: Electronic disclosure Flashcards
What is the principle of electronic disclosure based around?
Principles of proportionality and relevance. Something that is irrelevant and confidential can be excluded on this basis. But something that is purely confidential is not enough to warrant an exclusion.
Metadata is
Relevant and shouldn’t be stripped away
Why would a document be excluded?
because it is irrelevant and disproportionate. Will be excluded on this basis
When are disclosure reports due?
14 days before the case management conference
What does the disclosure report do?
discusses potential docs and the search criteria
how do you determine the search criteria?
The agreement of parties is needed for search criteria, if not must refer to the court
How should image formats be amended?
should be converted to a text format so they are searchable
Is confidentiality a valid reason to exclude a document?
No - must be BOTH confidential and irrelevant
