By Nerino Petro at 16 June, 2010, 7:30 am
Great post over at Bow Tie Law's Blog on one example of when a judge wasn't hesitant to allow forensic examination of a party's computer. Needless to say, the conduct of one of the one of the party's most likely made this decision much easier for the judge (Note to party- don't lie to a federal judge).According to the post How to Get a Judge to Overcome the Guilt of Ordering the Forensic Examination of a Personal Computer , the Court in Genworth Fin. Wealth Mgmt. v. McMullan, 2010 U.S. Dist. LEXIS 53145, 18-19 (D. Conn. June 1, 2010) had no hesitation to order the forensic exam after evidence came to light of less than complete compliance with the discovery process by the Defendants. The post nicely lays out the Court's reasoning as well as the cases the Court relied upon in this cause.
If e-discovery sometimes seems to be another language to you, this is a great post that explains the whys, hows and limitations involved in a simple forensic exam. Definitely worth a read.