A Civil Action may be brought arising from a number of civil disputes, including a breach of contract or a variety of other non-criminal claims. Examples include defamation of a person or a business, the unauthorized release of trade secrets or conduct which results in bodily injury to another. Any of these can potentially result in a civil lawsuit.
Such lawsuits against individuals or organizations are usually seeking money damages arising from either business, personal or purely accidental relationships. During the investigation and preparation of these lawsuits, legal counsel often seek consulting services from third parties to find and secure evidence of all kinds, including electronic document evidence, i.e. emails, texts, images and other information stored on hard drives or in clouds.
The attorney representing the plaintiff may serve upon the opposing side requests for electronic or e-discovery in the ordinary course of the lawsuit. This e-discovery can often lead to the “smoking gun” evidence which, if favorable, proves the case in the plaintiff’s favor.
In lawsuits against companies
In lawsuits in which a company requests e-discovery access against another in a business dispute, describing the scope and details of the discovery sought is a key element in the success of the process. The information sought can range from internal stored communications, images and information to information stored and maintained by outside service providers.
The information acquired through e-discovery can help establish an incriminating pattern of behavior, including that the opposing party took specific steps that would violate a contract or infringe on the rights of the other company. E-discovery can also help to disprove claims that a company was in breach of a contract, or that it knew that its work was likely to harm others.
In lawsuits against individuals
In cases in which a company takes legal action against individual consumers or former employees, e-discovery can be used to access their online social media activity to show they have filed false claims, or openly discussed in an online forum their engaging in conduct to hurt the company.
Financial records and proof of connections to other parties or organizations can help resolve civil litigation against another. Proof which establishes that inappropriate transfers to avoid financial responsibilities occurred, or that people released information to a third party who then distributed protected details online can be decisive in such cases.
Discussing whether e-discovery is a necessary element of upcoming civil litigation with a skilled legal team can often help in gathering sufficient evidence to prevail in court.