In my post Discovery Concerning the Parameters of Electronic Information, I wrote about categories of computer-related information you should try to learn early in a case by use of a corporate-representative deposition. You can learn similar information, some of which might not be overlapping, by questioning key witnesses about their use of computers. Some suggested topics:
- Company policies concerning the use of computers for creating and storing electronic data;
- Person habits about the storage of electronic information, including storage on USB disks, a home computer, or a laptop;
- The hardware and software the witness uses to electronically create and store calendars, emails, expense reports, diaries, timesheets, and other categories of data that might be relevant to the case;
- The way electronic information is passed back and forth between company employees; and
- The habits of other employees concerning categories two and three above.
Other computer-related questions can be based on the specific facts of your case and should be part of an overall electronic discovery plan.
Source note: Some of the suggestions in this post were derived from "The Brave New World of Electronic Evidence Discovery," by R. Mark Halligan, Illinois Bar Journal, June, 2004.