Identification

Stage 2 of the Electronic Discovery Reference Model

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Detailed Analysis

The Identification stage involves locating potential sources of electronically stored information (ESI) when a legal matter or investigation arises. This process determines the scope of data that must be preserved and collected.

Legal professionals and forensic experts must identify key custodians individuals who have control over relevant data. Identification is not limited to active email or document servers; it extends to cloud storage, mobile devices, social media, and backup systems. Accuracy at this stage is critical to ensure that no relevant evidence is overlooked, which could lead to severe legal sanctions.

Strategic actions in this stage include: