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  1. #1
    Join Date
    Jan 2013

    Default Can Computer Files Be Required to Be Provided in Discovery in Civil Litigation

    My question involves court procedures for the state of: California

    In Civil Litigation in California, in Superior Court, unlimited jurisdiction case, is it permissible for Plaintiff to demand production either of an entire computer, or of any computer files that may exist which contain documents relevant to the case? Eg, may Plaintiff demand not only a hard copy of a document (eg a contract or modification of a contract, produced on WOrd files, in a case concerning allegations of breach of contract) but also the actual file copied to a USB thumb drive or other storage device?

    My understanding from a previous brief exploration of this question was that the whole personal computer itself (used for both personal and business purposes) cannot be demanded in a civil case, that that would only be in a criminal case. I do not know about computer files, however.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can Computer Files Be Required to Be Provided in Discovery in Civil Litigation

    What type of access is required to ensure full access to the content of a computer will depend on the facts. It may entail having the other party's expert access the physical computer in order to mirror the hard drives.

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