Appellate Court Upholds Order to Allow Plaintiff Access to Mirror Image of Defendant’s Hard Drive


In re Honza, 2007 WL 4591917 (Tex. App. Dec. 28, 2007)In this real estate litigation, the defendants sought a writ of mandamus to set aside a discovery order requiring them to produce office hard drives for imaging by a computer forensic expert in an effort to locate two particular documents. The defendants objected to the discovery order, arguing it was overbroad and would lead to the disclosure of privileged and confidential information. The court looked to federal and state courts for guidance on the general process of hard drive mirror imaging for discovery. Disagreeing with the defendants, the court found the order was not overbroad, as the defendants were granted a right of first refusal in determining whether information obtained was relevant to the two documents at issue. Further, the court found there were adequate safeguards against disclosure of privileged information as the defendant was able to review for privilege prior to production.

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