Abstract:
The preponderance of documentary evidence these days are created in an electronic form; and some documents exist for most, if not the entire, of their life cycles as electronically stored documents. To varying degrees, however, discovery of documents within the civil litigation process in Singapore and elsewhere is provided using paper documents. This article considers electronic discovery from two perspectives: the obligation to provide discovery of electronically stored documents; and the manner in which discovery of documents may be provided in an electronic form. This article examines the issues that are raised when the obligation to provide discovery is applied to electronically stored documents: issues relating to the breadth of the discovery obligation, access to and the costs of accessing electronically stored documents, the role of technical experts and legal advisers in ensuring that documentary evidence is preserved and privileged documents are not disclosed. A survey of recent legislative developments in the US, UK and Australia reveals the different approaches adopted by these jurisdictions to address such issues raised by electronic discovery. These different approaches are considered; as are the measures taken to encourage the provision of discovery in an electronic form. The article concludes with a consideration of the suitability of some of these legislative developments for adoption in Singapore.