Justice Department negotiates landmark e-discovery protocol

The United States Justice Department recently released a new protocol regarding the use of e-discovery in criminal cases. As the new technology could potentially produce integral pieces of evidence in corporate and criminal trials, a need to detail the proper procedure arose.

The 21-page protocol specifies what types of documents uncovered through e-discovery will be admissible as evidence in both pretrial and litigation proceedings. The numerous acceptable files include tests and exams, cloud services, tax returns, flash drive information and photographs, among others.

Justice Department officials noted the importance of e-discovery in criminal trials, specifying that, "the advent of electronically stored information (ESI) presents an opportunity for greater efficiency and cost savings for the entire criminal justice system, which is especially important for the representation of indigent defendants."

After an 18-month negotiation process, the protocol was signed by the Joint Electronic Technical Working Group, which is comprised of representatives from the Justice Department, the Administrative Office of the US Courts, Federal Defender Organizations, attorneys with Criminal Justice Act appointments and US Judiciary liaisons.