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E-Discovery

Can a lawyer recover deleted texts?

Yes, with forensic software and IT experts, deleted data can often be recovered unless it has been physically overwritten by new data.

Is Facebook chat admissible in court?

Yes, if its authenticity is verified (e.g., by forensic analysis or notarization) and it was obtained legally.

Do police need a warrant to search my phone?

Yes, investigative bodies need a court order for forced access. If you hand it over voluntarily, no warrant is needed.

How do I prove I didn''t send an email?

By analyzing the IP address and metadata to determine the actual device and location from which the email originated.

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E-Discovery and Digital Forensics

In the modern world, criminal traces increasingly remain in the digital space. E-Discovery (Electronic Discovery) involves identifying, collecting, processing, and using electronic evidence—emails, messenger chats, social media data, GPS locations, and file metadata—in court. This process is critical in both criminal cases (e.g., cybercrime, fraud, stalking) and civil disputes (e.g., divorce, business litigation). Digital evidence is fragile; improper collection can corrupt the file and render it inadmissible in court. Georgian legislation strictly regulates the rules for obtaining electronic information, particularly regarding personal data protection. A qualified lawyer, working with IT experts, ensures that digital evidence is authentic, legally obtained, and admissible in court.

What Does This Service Cover?

Lawyers and IT law specialists listed on Legal.ge offer:

  • Data Recovery and Extraction: Recovering deleted files, chats, and history from mobile phones and computers following forensic protocols.
  • Social Media Analysis: Gathering information from open sources (OSINT) to verify alibis or refute the opposing party''s claims.
  • Metadata Analysis: Establishing the creation date, location, and author of a file, which often exposes forged documents.
  • Communication Archiving: Legally securing electronic correspondence (WhatsApp, Viber, Email) via a notary or expert.
  • Challenging Digital Evidence: Questioning the authenticity and integrity of digital evidence presented by the prosecution or opposing party.

Common Scenarios and Real-World Situations

E-Discovery is used in the following situations:

The first scenario is "GPS Alibi." The accused claims they were elsewhere during the crime. The lawyer validates their location using Google Timeline or mobile operator data.

The second scenario is "Financial Fraud." A company director hides revenue. E-Discovery reveals "black accounting" in deleted Excel files or unofficial emails.

The third case is "Cyberbullying and Blackmail." A victim needs proof that a specific person sent threatening messages, even if they were deleted.

The fourth scenario is "Copyright Disputes." Determining who created a file and when through metadata analysis to prove original authorship.

Georgian Legal Framework

Obtaining digital evidence relies on:

  • Criminal Procedure Code: Regulates accessing computer systems and requesting data (requires court order).
  • Law on Personal Data Protection: Protects citizens'' privacy in the digital space.
  • Law on Electronic Signatures: Defines the legal validity of electronic documents.

Service Process Step-by-Step

  1. Identification: Determining sources of potential evidence (phone, laptop, cloud server).
  2. Preservation: Protecting data from alteration or deletion (creating a Forensic Image).
  3. Analysis: Searching for relevant information using keywords within large data sets.
  4. Presentation: Submitting evidence to the court in a clear and admissible format.

Why Use Legal.ge?

The digital world is complex, and traditional lawyers often struggle with technological challenges. Legal.ge gives you access to lawyers with technical expertise who can turn a digital trail into your exculpatory evidence.

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