edd process and federal court practice note cm6

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Agenda1. Federal Court Practice Note CM6– Implications & deciphering

2. Electronic Evidence Processing – The Basics– Hard copy document processing– e.discovery (EDD)– Near-duplication and email threading

3. Early Case Assessment – How can technology help?

4. Evidence Management Software – Features & benefits


Evidence Management lifecycle

Plan Collect Extract De Duplicate Analysis Process Present

Prove

the e-discovery process

in the e.courtroom

the computer forensic process

standards / protocols = well organised


Federal Court PN CM6

Setting the SceneEmail is the main form of business communicationElectronic records are now the predominate material for discovery and are:- More voluminous than hard copy- Difficult to delete- Usually disorganised- Email often casual – “smoking gun”

Recent movements by the Courts have set an expectation for law firms to understand the basics of relevant technology The legal technology industry is young and emerging, it can be a challenging area to navigate.


Australian Law Reform Commission Review of Discovery Laws to Improve Access to Justice

In conducting its inquiry, the Commission’s objective is to identify law reform options to improve the practical operation and effectiveness of discovery of documents. In particular, the Commission shall have regard to:- alternatives to discovery- the role of courts in managing discovery- implications of the cost of discovery on the conduct of litigation- costs issues, for example cost capping, security for discovery costs, and upfront payment- the sufficiency, clarity and enforceability of obligations on practitioners and parties to identify relevant material as early as possible.

The Commission will report no later than 31 March 2011.


Practice NotesFederal Court of Australia

Practice Note CM 5 - Discovery Practice Note CM 6 - Electronic Technology in Litigation Practice Note CM 11 - Search Orders aka “Anton Piller Orders”

Supreme Court of New South Wales Practice Note No. SC Gen 7 - Use of Technology

Practice Note No. SC Eq 3 - Supreme Court Equity Division - Commercial List and Technology and Construction List


Practice NotesSupreme Court of Victoria• Practice Note No. 1 of 2007 - Guidelines for the Use of Technology in any Civil

Litigation Matter

Supreme Court of Queensland• Practice Direction Number 8 of 2004 - Electronic Management of Documents

Supreme Court of the Northern Territory• Practice Direction 2 of 2002 - Guidelines for the use of information technology in

any civil matter.

Supreme Court of South Australia• Direction 2.1 of 2006 - Guidelines for the Use of Electronic Technology

Supreme Court of the Republic of Singapore• Practice Direction No.3 of 2009 – Discovery and Inspection of Electronically Stored

Documents


Technology in Litigation - PN CM6 Purpose

To encourage and facilitate the effective use of technology in proceedings to achieve efficient and inexpensive resolutionFramework for the management of documents electronically in the discovery process

ApplicationPN CM6 applies to all proceedings where the number of discovery documents is anticipated to exceed 200 Parties must now produce their list of documents electronically and in compliance with the applicable document management protocol A pre-discovery conference is recommended to agree how the key aspects of the discovery will be handled between parties i.e. format and mode of document exchange


Technology in Litigation - PN CM6

Resources

Pre-discovery conference checklist

Default Document Management Protocol (200 – 5000)

Advanced Document Management Protocol (5000+)

Pre-trial checklist


C7 v News Limited

“In the electronic age…the process of production and inspection of documents becomes an industry in itself” – C7 Judgement (Seven Network Ltd v News Ltd [2007] FCA 1062)


Hard Copy Processing

e.Discovery Processing

Near & De-duplication

Early Case Assessment

Early Case Assessment (ECA)

Early Case Assessment (ECA) software assists in the rapid retrieval and high level analysis of relevant data to answer the initial legal question, "Is there a case?".

Provides legal teams with a high-level view of the entire data body, data review can then be prioritized based on particular custodians, themes or concepts.

Enables legal teams to quickly ascertain, not only whether there is a case to answer and how to answer it, but also addresses questions of proportionality.


Evidence Management Software

What is evidence management software?Electronic evidence software enables you to replace your traditional hard copy review with intuitive online software platforms, accessible 24/7 from anywhere.

Electronic case room

Repository for documents

Software platform that enhance and streamline document-intensive processes

Internal evidence management platform

Flexible document management - maximize information quality and availability

Litigation support staff can manage vast quantities of data with no downtime

Helps lawyers to manage complex, multi-party cases securely and quickly

Examples; Relativity, Summation, Ringtail, Concordance


What can the software do? Powerful Searching Tool SortingCategorising TaggingHighlightingRedacting Creating ChronologiesCreating stored lists of documents relevant to multiple issues Creating exports for discovery exchangeManage your subjective review workforce, i.e. allocate bundles of documents to your paralegals to review electronically Document linkingDocument e-mailing


leaders in digital evidenceelaw.com.au

elawinternational.com

For more information or additional enquires please visit our website:

AU: www.elaw.com.auWorldwide: www.elawinternational.com

edd process and federal court practice note cm6

Education

discovery practice

federal court practice

discovery costs

cost of discovery

effectiveness of discovery

discovery implications

technology help

effective use of technology