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Arkfeld on Electronic Discovery and Evidence, Fourth Edition

Fourth EditionYour discovery process involves electronic evidence and electronically stored information (ESI) more than ever before. Mastery of e-discovery is essential—whether you need a basic understanding of the language and the risks, or need advice on managing ESI and uncovering hidden electronic evidence. All litigators must stay apprised on how courts are ruling on electronic discovery issues. Arkfeld on Electronic Discovery and Evidence, Fourth Edition provides comprehensive guidance, with clear explanation of the technical concepts, as well as discussion of the latest legal developments in this area.

Your purchase of the 1,500 page treatise includes a copy of each of the four companion Best Practices Guides, which are cross-referenced to the treatise and a fully searchable CD-ROM. See details below.

Summary Table of Contents
E-Discovery Resources
Table of Contents

Chapter 1.   Electronic Information in Litigation
Chapter 2   Creation and Storage of Electronic Information
Chapter 3   Structure and Type of Electronic Information
Chapter 4   Computer Forensics, Experts and Service Bureaus
Chapter 5   Search, Technology and Cost Issues in Managing ESI
Chapter 6   Discovery and Production Process
Chapter 7   Court Procedural Rules and Case Law
Chapter 7   Appendix:   State Cases and Rules Summary
Chapter 8   Admissibility of Electronic Evidence
Appendix — Checklists, Forms and Guidelines (CD-ROM only)
Table of Cases

Order Arkfeld on Electronic Discovery and Evidence, Fourth Edition today!

Companion CD-ROM and Best Practice Guides

Arkfeld CD ROMBenefit from the convenience of the companion CD-ROM which is exclusively available to print subscribers of Arkfeld on Electronic Discovery and Evidence. Built on the Folio platform, the companion CD-ROM is fully searchable and easy to navigate. It contains the full text of the Treatise and the Best Practices Guides with hypertext links to the referenced case law and statutes materials cited by the author. The CD also includes checklists, practice forms, guidelines, and many other resources. All the materials, including cases, are contained on the CD-ROM itself – no need to go online! The user-friendly and intuitive interface allows you to take advantage of improved search technologies, as well as to print, copy and paste, and save material to your computer.

Your purchase and subscription to Arkfeld on Electronic Discovery and Evidence in print or eBook format includes a single copy of each of the four Best Practice Guides listed below.

About Michael R. Arkfeld, Esq.

Michael Arkfeld Michael Arkfeld is the Director of the eDiscovery, Digital Evidence & Legal Analytics Program and a Faculty Fellow at the Sandra Day O’Connor College of Law at Arizona State University. This program hosts the annual ASU-Arkfeld eDiscovery and Digital Evidence Conference held in March of each year. Mr. Arkfeld was also one of the primary instructors at the Georgetown eDiscovery Academy held annually in Washington DC. Michael is also the Founder and Director of Education for the eDiscovery Education Center (

As a former assistant United States Attorney for the District of Arizona, Michael Arkfeld handled multimillion-dollar cases involving personal injury, medical malpractice, wrongful termination, and a host of other tort claims. He has appeared before both federal and state appellate courts and has extensive experience in jury (over 30 trials) and bench trials. Since 1985, Mr. Arkfeld has incorporated personal computers extensively in his legal practice and lectures throughout North America and internationally on the impact of technology on the practice of law and the discovery and admission of electronic evidence. Michael Arkfeld is also the primary instructor for several online courses on electronic discovery and digital evidence.

Michael Arkfeld is the author of Arkfeld on Electronic Discovery and Evidence (4th ed.) treatise and numerous Best Practice Guides. The treatise is cross-referenced with the Best Practices Guides for Electronic Discovery and Evidence; ESI Pretrial Discovery Strategy and Tactics; Legal Hold; and IT Primer for Legal Professionals. In addition, Michael authored The Digital Practice of Law (5th ed.): A Practical Reference for Applying Technology Concepts to the Practice of Law (2001 ed.).

Michael Arkfeld was the recipient of the national 2004 E-Evidence Thought Leading Scholar Award and was presented the President’s Award from the State Bar of Arizona in 1996. Mr. Arkfeld is a licensed attorney in the state of Arizona. He was the past chairman of the Task Force on Integrating Technology into the Justice System for the State Bar of Arizona.

Michael Arkfeld has been the editor of the E-Discovery Supplement to the American Lawyer and Corporate Counsel magazines published by American Lawyer Media. He is a past columnist for the Arizona Attorney magazine and a contributing writer to the American Bar Association Journal and a variety of other legal publications.

Michael Arkfeld received his J.D. from the University of Nebraska College of Law in 1975. He can be reached by email at His web sites at Arkfeld and Associates ( and eDiscovery Education Center ( feature electronic discovery educational initiatives, and other litigation and law office resources.

Publication Reviews

Michael Arkfeld’s treatise on e-discovery is peerless among print publications. No other volume offers the encyclopaedic treatment of the topic and its depth and breadth of scholarship. Michael Arkfeld lucidly weaves practical knowledge gleaned from years at the bar with a professorial commitment to case law and best practices. Though books on fast-moving topics are obsolete almost from the moment of publication, the loose-leaf format and ancillary online resources of the Arkfeld work insure that it can continue to deliver the best features of both media. Michael Arkfeld’s book sets the standard by which all its successors are judged, and it has yet to be supplanted as the seminal work in the field. If you buy one book on electronic discovery, this is the one to buy.” Craig Ball, Attorney and Forensic Technologist; Certified Computer Forensic Examiner

Many of us have not moved as rapidly into the computer/electronic age as quickly as have our clients and our litigation adversaries.  Electronic discovery is already more important in today's cases than our old-time paper discovery.  Mr. Arkfeld's book is a magnificent resource that will give its readers a great pretrial and trial advantage.” Michael C. Manning, Partner, Stinson Morrison Hecker LLP

Michael Arkfeld’s Electronic Discovery and Evidence serves as a solid digital discovery reference resource, packed full of detailed information and replete with case citations. . . . Electronic Discovery and Evidence is a compendium of information about electronic discovery, from overviews to minutia, replete with case citations.  It makes an excellent reference resource for attorneys and their support staff. It also is of value to the forensic service bureaus catering to those attorneys. George Socha, Esq. Socha Consulting , LLC

"I have sat through maybe 7 or 8 seminars on "E-Discovery" and they remind me of the info-mercials you see on TV... "You could be doing E-Discovery!!!" offering all the fluff and the 30,000 foot view, but just a minimum when it comes to the practicals. Your Treatise is the most in-depth, step by step approach, containing every variable I could come across. With all the anxiety of sanctions from not doing things right, it's nice to know I have an up-to-date resource that has already planned ahead giving me guidelines and setting me up for success. Thanks again.
Bowe Kurowski, Weston Benshoof

"In this extremely valuable new book . . . [Arkfeld] has succeeded in creating a work that is both comprehensive and comprehensible to the noncomputer specialist. This should be a valuable addition to academic and court law libraries, as well as to firms with a significant litigation practice." - James Gernert, Electronic Resources Librarian, University of Baltimore Law Library, MD.
- Legal Information Alert, (Volume 23, Issue #1), Alert Publications, Inc., Chicago, IL. (

"As many of you will recall, my column in the November-December 2001 issue of this magazine was a review of a book “The Digital Practice Of Law, 5th Edition” by Michael R. Arkfeld. In my article I stated that this book was “by far the best legal technology resource available on the market for lawyers… written for the average legal practitioner”. Now Mr. Arkfeld has published another book “Electronic Discovery and Evidence” which is equally superb. “Electronic Discovery and Evidence” provides trial lawyers and business lawyers the essentials they need to know about electronic records, where they reside and what is needed to discover them." David Narkiewicz, Chief Information Officer and Deputy General Counsel in the Pennsylvania's Governor’s Office of General Counsel.

"This unassuming one-volume loose-leaf publication packs a powerhouse of information into eight chapters. . . The main purposes of the book are to first explain, and then to persuade others about the importance of knowing about current technology. Arkfeld places this need in the middle of the discovery process where most attorneys come face-to-face with the issues of electronic data in the form of e-mail, different versions of documents, etc. In this realm lie many pitfalls that Mr. Arkfeld addresses astutely and comprehensively. . . .In these chapters, Arkfeld is wonderful at explaining what questions to ask the computer consultants so that the right person for the job is hired. . . . For the many practitioners and litigators with little or much knowledge of technology, this book can be of tremendous use. It is down to earth. The author explains technology in lay­men's terms. He elucidates the interactions between the courts and law of discovery and evidence, and new and ever changing technology. "  Elizabeth B. Wood, J.D., M.L.S. is the librarian at Gordon, Thomas, Honeywell, Malanca, Peterson and Dahiem, LLP. 

"Electronic Discovery and Evidence is a thorough and pragmatic compendium of information covering the broad range of subjects a trial lawyer must know to discover, protect, and produce electronic information in the course of litigation and counseling clients. The book contains detailed and complete discussions regarding both the technical and legal aspects of what we have come to call "electronic evidence." Nonetheless, because it is well organized and contains helpful chapter and subchapter titles, it is easy to read and comprehend. Of greatest importance is the fact that all of the chapters, whether "technical" or "legal," contain extensive references to recent cases and law review articles. These discussions make this book an indispensable reference manual for a trial lawyer newly initiated to the intricacies of electronic discovery. . . I highly recommend this book to the practicing trial bar."Cassandra G. Sassois a partner at Baker & Hostetler LLP, Denver, Colorado, specializing in commercial and employment.  Published in The Colorado Lawyer / June 2004 / Vol. 33, No. 6.

"But guess what? All this information is hearsay and will have to fall under one of the hearsay exceptions in order to be admissible at trial. And undoubtedly the boss's attorney will challenge the authenticity of the evidence. Thankfully, Arkfeld thoroughly addresses each issue and includes cites to reported cases dealing with these issues so that the litigator can get started on that motion in limine. . . . but if you litigate, you will need something more thorough - a resource that includes detailed legal and technical analysis of all the issues - and I certainly recommend Arkfeld's book for this purpose. It is a logical, thorough, and readable way for an attorney to prepare for the new world of electronic evidence and discovery."