eDiscovery Chain of Custody Checklist and Record

1. What is a Chain of Custody in eDiscovery?

A chain of custody is the documented record of how electronic evidence was preserved, collected, transferred, accessed, processed, and produced. It helps demonstrate that evidence remained authentic and substantially unchanged throughout the eDiscovery process.

2. Who Should Use this Chain of Custody Checklist?

This checklist is designed for eDiscovery managers, litigation support professionals, legal operations teams, corporate legal departments, law firms, compliance teams, and anyone responsible for handling electronically stored information (ESI) during litigation or investigations.

3. What Does the Checklist Include?

The checklist includes a ready-to-use Chain of Custody Record, a Transfer and Access Log, a stage-by-stage eDiscovery lifecycle checklist, a FRE 902(14) self-authentication readiness guide, and a list of common custody risks that can compromise evidence defensibility. 

4. Why are Hash Values Important for Chain of Custody?

Hash values act as digital fingerprints for electronic evidence. By generating and verifying hashes throughout the eDiscovery process, teams can demonstrate that data has not been altered, helping support evidence integrity and authenticity.

5. Can this Checklist Help Support Evidence Admissibility?

While no checklist can guarantee admissibility, maintaining a complete and documented chain of custody helps support evidence authentication, demonstrates reasonable preservation practices, and provides documentation that may be needed to defend the handling of electronic evidence if challenged.

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