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E-discovery, also known as electronic discovery, is a method of discovering, finding, or producing relevant information and documents stored or exchanged in electronic form. It is usually used by attorneys and court reporters in litigation procedures, regulatory inquiries, or corporate investigations. The Electronically Stored Information, or ESI, is identified, set, extracted, and analyzed by lawyers accordingly. 

Fundamentally, electronic discovery is accompanied by metadata, a tool which is never instituted in paper documents.  Metadata can play a significant part as evidence in court reporting or further law proceedings, as long as it is preserved properly. However, the protection of electronic discovery along with the metadata seems to be challenging, preventing its spoliation such as intentional withholding, negligent withholding, alteration, or obliteration of evidence. Hence, the Federal Rules of Civil Procedure (FRCP) has amended several aspects covering the electronic discovery regulations.

Consequently, ESI can be produced when needed by specific parties, similar to the format used within a company's standard operations. It can also be reproduced in a certain format specified or in accordance with the requesting party. In the majority of cases, both original email messages and the stored attachment through the mail file are produced. In order to authenticate data integrity, it is possible to request the database information which maps the attachment directly to the email message.

In addition, hacking is a form of electronic discovery, which can be sanctioned by the government or ordered by the court for the intention of acquiring necessary evidence for criminal or civil legal cases. Digital data or ESI is considered vital and very well-suited in investigative procedures. Thus, electronic discovery can be impossible to destroy as it can be duplicated via networks on various hard drives. As well, even if digital information is deleted, it can always be undeleted. Digital forensics teams specialize in this skill.  Perhaps the only way to destroy any electronic discovery or file is to actually tear down every hard drive wherein files have been stored.

All types of data can serve up as evidence throughout the electronic discovery process. Types of data would include text, databases, images, calendar files, spreadsheets, animation, audio files, websites, web pages, as well as computer programs. Considerably, malware like spyware, Trojans, and viruses can be protected and investigated. Emails are likewise valuable and reliable sources of evidence in litigations since most people are often more free with sending and exchanging emails compared to hard copy documents such as postal letters, written memos, and the like.

Furthermore, cyberforensics or computer forensics is a special form of electronic discovery through which investigations are carried out on a specific computer, its hard drive, and its contents. Ideally, the computer under investigation is physically isolated and investigators would reproduce a copy of its hard drive. The original computer is eventually secured in a certain facility in order to sustain its pristine condition. The investigation process will then proceed using only the digital copy.
Indeed, electronic discovery is a complex process composed of different stages. However, the Electronic Discovery Reference Model (EDRM) Project illustrates the entirety of electronic discovery. Along with the EDRM are other organizations like the International Legal Technology Association, the Sedona Conference, and Women in eDiscovery.  These organizations set standards and practices on performing electronic discovery. The EDRM project was released in May 2005, attending to the standards and guidelines of electronic discovery and the e-discovery market. Hence, the comprehensive reference model provides common and flexible framework for the creation, development, collection, evaluation, and usage of electronic discovery products and services for both vendors and consumers.

Therefore, the project offers an effective program for Records Management, represented by a team of committed professionals. The team fully understands the electronic discovery process as well as the formulated records. People can also identify the scope and depth of stored electronic information that is to be pursued throughout the electronic discovery. This stage involves claims, defenses, demands, preservation, discovery demands, and disclosure requirements. One can probably begin with a pool of discoverable or potential electronic information and eventually determine how much information should be collected and preserved. All types of electronic discovery must be preserved and protected from any destruction or alterations. After which, electronically stored data should be gathered like hard drives, tapes, networks, and portable storage devices while ensuring its security. In some cases, the collection of information and preservation overlaps.

After information is gathered and preserved, it is ready for processing.  This entails reduction of the overall gathered data. Usually, duplicate files are set aside as well as irrelevant information, data, or files. Factors affecting the irrelevance of data include date, origin, and type of the file. During the processing stage, other ESI might need conversion to a more efficient form. A thorough evaluation of the collected information is subsequent to processing and converting of data. Right after evaluation is the careful analysis of the electronic discovery materials so as to verify relevant summary information like key topics, important people, certain vocabulary, jargon, and other significant individual documents. Determining these important details is very useful in conducting a detailed review, in helping with important decisions, and in improving the productivity of the overall e-discovery activities. In fact, analysis is carried out throughout the rest of the process because new information and issues are uncovered.

The production stage follows, wherein information is delivered to different recipients such as the corporate legal provider, law firm, and the service provider. ESI is likewise delivered to various systems like web-based repository, automated litigation support, and other related structures. Electronic discovery can also be conveyed in various media forms, including paper, CD, DVD, tape, portable storage device, hard drive, etc. Finally, the presentation of data needs to be the most effective, either in statements, trials, or court hearings.

Electronic discovery has definitely become a significant development in the society, and still an evolving industry across and around the globe. Certainly, electronic discovery increases the efficiency of various legal, political, and constitutional proceedings, as well as personal privacy issues that need accurate and proper resolutions.