Post Process

Everything to do with E-discovery & ESI

Case Blurb: Search Cactus LLC; Forensics Examiners to Serve as Officers of the Court

Posted by rjbiii on June 19, 2008

Post Process-Plaintiff Attorney objected to a forensics exam of his computer hard drive, a computer which he used both personally and professionally. The court, though noting the validity of issues raised, ruled for Defendants. In doing so, it appointed two forensics experts to act as officers of the court:

It appears to the Court that both of the forensic computer experts presented to it are qualified. In certain situations, courts appoint computer forensic experts to act as officers of the court to help “reduce privacy intrusions and privilege waiver issues during forensic analysis.” Mark E. Borzych, Avoiding Electronic Discovery Disputes: Practice Questions Answered, 41 AZ Attorney 36 (January 2005). See also Thielen, 2007 U.S. Dist. LEXIS 8998, at *8 (court ordered forensic analysis by third party and accepted that no waiver of privilege occurred). Thus, the two identified computer forensic experts shall serve as officers of this Court.

Ferron v. Search Cactus, L.L.C., 2008 WL 1902499 at *4 (S.D. Ohio Apr. 28, 2008 )

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