Certificate of Proficiency in Digital Evidence & eDiscovery Law Practice in Nigeria

Weekly training modules are based on the textbook: DIGITAL EVIDENCE & eDISCOVERY LAW PRACTICE IN NIGERIA by the Convener of the course Emeka Arinze Esq, LLM, M.I.T (info-tech), CBSP (Certified Biometric & Surveillance Professional, CDEA (Certified Digital Evidence Analyst), CCI (Certified Cybercrime Investigator), CFP (Certified Forensic Professional).

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WEEK

23

5 hours to complete
The Preservation of Evidence and Litigation Hold. See Chapter 23 of the book for further reading

The central theme of our civil discovery system lies in the identification and gathering of factual information. There exist rules regarding how the information gathered is preserved and consequently produced in legal proceeding. But a duty to preserve such information must first exist. Although the duty may arise under the common law, it can also arise from a number of other sources, including a contract, a voluntarily assumed duty, a statute or regulation, an ethical code or another special circumstance. In assessing whether a duty exists, courts may consider the conduct, the event or information that may trigger a preservation obligation and to whom the preservation duty may extend and the scope of the preservation obligation. Where such a duty exists, spoliation of evidence (withholding or hiding evidence) goes to the heart of the litigation process and failing to comply with the duty to preserve has a serious legal consequence.

The Focus of this Weekly Module

Our focus on this weekly module is to usher in the commencement of eDiscovery process. First, we shall examine what triggers preservation obligation and the duty to preserve and when does it arise. Next is how a preservation demand letter is crafted and we conclude with the concept of litigation hold procedure.

Gains and Benefit

On completion of the lecture as espoused in the video, reading activity, quiz and assessment, you will be able to understand:

  • the Duty to Preserve Evidence and when it arises;
  • how evidence is preserved through letter, demanding same and
  • the concept of Litigation Hold
3 Videos (Total 00 min), 1 reading, 1 quiz, 1 assignment SEE ALL
3 videos
The Duty to Preserve Evidence and when it arises
How evidence is preserved through letter, demanding same
The concept of Litigation Hold
1 readings
Module Guide
1 quiz
Activity - Answer a 30 min question & answer test
1 assignment
Assignment title goes here