Chapter 17.

Discovery of Computers and Storage Media

There is a certain language needed for the discovery of computer and storage media. Some
examples of these languages can be used for discovery orders, restraining orders, and a consent
to search from. These examples can be used and modified to suit individual cases.

Consent to search agreements are one of these examples. These are used by law enforcement
agencies in order to get permission to search electronic storage devices without having to apply
for and even receive a search warrant. These agreements are commonly used by private firms
when needed to show a person’s consent to search in lieu of having to obtain a court order to
compel compliance. This form is basically used as person giving consent and has agreed
voluntarily cooperate in a search for a civil or criminal case. In any case, the person giving the
consent is required to sing an agreement for legally search a person’s electronic storage devices.
These types of consent forms are usually not notarized but can be if it is desired to provide
additional authentication of the document.

Simple orders for expedited discovery are used to compel discovery in a simple case where a
motion has been filed this allows the collection of evidence from the opposing party. These
orders are modified by an attorney for a specific case but usually contain similar features. These
types of orders usually contain the cause, how it came to be heard of, the civil session, the
damages in question relating to the defendant, address, a statement of consent of the search and
what it entitles, the date of when said search will take place, and the name of the sheriff that will
serve in the order for expedited discovery.

In comparison, restraining orders are used for discovery in a simple case where a motion is filed
to restrain the party from harming and destroying evidence which allows collection of evidence
from the opposing party. These types of orders should be modified by an attorney for each
specific case. In most cases a restraining order should include, the civil session, date, the
damages and injunctive relief relating to the defendant, the location of business or trade with
plaintiff, statement of misappropriated and used of confidential information and trade of secrets
of plaintiff, state a date for a hearing on plaintiff’s motion for preliminary injunction, and the
date of permission by the defendant to allow entry and copying.