Immediate forensic imaging of
computers may be your best money-saving and the best
Use this form to get imaging of ESI at the start of
Imaging — without any further examination and
without disclosure of the contents of computers — may be
agreed upon by the parties as a mutually beneficial way to get
Electronically Stored Information (ESI) quickly preserved. Such
an agreement allows the parties to put their computers (or other
ESI storage devices involved) put back into productive service
without fear of loss of evidence. Immediate imaging may be your
option of choice, both for what you want your client to do, and
what you want the adversary to do. If you adversary will not agree on it,
consider asking the court for immediate imaging in the objective,
safeguarded, manner of this protocol.
This legal form (Agreement or Order for Imaging Computers) gives you:
- "Best Practices": Language to have the expert
image the computer in a way the lawyers need it done. (For example, using this form you will not make the mistake of
omitting a bit stream of unallocated and slack space in the storage
device.) Don't reinvent the wheel, don't make mistakes.
- Time: Don't waste time when you have more important things to do. Start with the known
- A Versatile Form: The protocol gives you the best ways to safeguard
ESI without going further to have an expert examine the contents
and report on the contents. This protocol works whether you are doing the imaging by
agreement of the parties, by court order over the objections of
the adversary, or by your own directions to your own expert.
- Evidence: You gain a "frozen image" in the hands of an expert who
can testify to foundation and chain of custody to the evidence you later
find and use from that image.
- Protection: A proper forensic image "freezing the ESI in your
client's computers protects both you and your clients from claims of spoliation.
- Cost-Saving: Imaging without further work by an expert is
relatively inexpensive. It may be all you need (unless there is a
dispute about what your client later produces from the "unfrozen" original disk drive).
- Knowledge: Dos & Don'ts: Learn from this form the items you need to consider and "nail down".
|Preview: Here are two of the sections of this
protocol that can be used for your agreement with counsel, for your
proposed order on a contested motion, or simply as directions to
preserve your own client's evidence.|
- 07. Hash values. All images and copies of images shall be
authenticated by generating [a hash value] [an MD5 hash value] verification
for comparison to the original hard drive.
* * * *
- 10. Non-disclosure. The Forensic Examiner will
not deliver copies of the forensic images and will not disclose any
information in the forensic images, to the parties or any other persons,
pending [the further order of the court or the joint request of both
parties] [the request of the attorney for A].
Here is more great news -- -->
Imaging Protocol is furnished to you, in PDF format, right to
your computer, immediately. If litigation is imminent or
just starting, buy Imaging Protocol and
get ready to talk to your adversary in the next ten minutes.
Not only will you get a great form which will work for a
checklist, if you act by
you'll get it for only $20.90.
The fact is, just the FEELING of knowing what to do must be worth $20.90. Consider your small investment a little
"emotional insurance policy".
Everything's guaranteed. No questions. No
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You have nothing to lose! You have everything to gain.
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