Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States

Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States

Discovery or disclosure involves a process whereby parties to the action disclose to each other documents in their possession, custody or control as a preparation for trial. This process started in England since the Nineteenth Century. At present the civil procedure in England is governed by the Ci...

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Main Author: Mohamed, Duryana
Format: Article
Language:English
Published: Infonomics Society, United Kingdom 2013
Subjects:
K Law (General)
KD England and Wales
Online Access:http://irep.iium.edu.my/35104/
http://irep.iium.edu.my/35104/
http://irep.iium.edu.my/35104/1/Duryana_on_Discovery_to_Ediscovery_of_Information_Legal_Frameworks_in_Malaysia_the_United_Kingdom_and_the_United_States.pdf
id iium-35104
recordtype eprints
spelling iium-351042014-07-23T06:39:17Z http://irep.iium.edu.my/35104/ Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States Mohamed, Duryana K Law (General) KD England and Wales Discovery or disclosure involves a process whereby parties to the action disclose to each other documents in their possession, custody or control as a preparation for trial. This process started in England since the Nineteenth Century. At present the civil procedure in England is governed by the Civil Procedure Rules (CPR) 1998. While in Malaysia the Rules of Court 2012(RC) govern the civil procedure at both Subordinate courts and the High courts. Discovery process is governed by Part 31 of CPR and Order 24 of the RC. However, unlike the United Kingdom (UK) CPR the rule on discovery in Malaysia has not emphasized on the importance of e-discovery. There is also no specific provision in the RC or Practice Direction that contains guideline on e-discovery. This paper will analyse on the application of e-discovery in the UK, the United States (US) and Malaysia by studying the existing legal frameworks. The challenges to e-discovery and the possible changes that need to be done on discovery process in Malaysia will also be highlighted. Infonomics Society, United Kingdom 2013-01-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/35104/1/Duryana_on_Discovery_to_Ediscovery_of_Information_Legal_Frameworks_in_Malaysia_the_United_Kingdom_and_the_United_States.pdf Mohamed, Duryana (2013) Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States. International Journal of Digital Society (IJDS) , 1 (1). pp. 783-790. ISSN 2040-2570 http://www.infonomics-society.org/IJDS/Discovery%20to%20Ediscovery%20of%20Information%20Legal%20Frameworks%20in%20Malaysia%20the%20United%20Kingdom%20and%20the%20United%20States.pdf
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KD England and Wales
spellingShingle K Law (General)
KD England and Wales
Mohamed, Duryana
Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
description Discovery or disclosure involves a process whereby parties to the action disclose to each other documents in their possession, custody or control as a preparation for trial. This process started in England since the Nineteenth Century. At present the civil procedure in England is governed by the Civil Procedure Rules (CPR) 1998. While in Malaysia the Rules of Court 2012(RC) govern the civil procedure at both Subordinate courts and the High courts. Discovery process is governed by Part 31 of CPR and Order 24 of the RC. However, unlike the United Kingdom (UK) CPR the rule on discovery in Malaysia has not emphasized on the importance of e-discovery. There is also no specific provision in the RC or Practice Direction that contains guideline on e-discovery. This paper will analyse on the application of e-discovery in the UK, the United States (US) and Malaysia by studying the existing legal frameworks. The challenges to e-discovery and the possible changes that need to be done on discovery process in Malaysia will also be highlighted.
format Article
author Mohamed, Duryana
author_facet Mohamed, Duryana
author_sort Mohamed, Duryana
title Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
title_short Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
title_full Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
title_fullStr Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
title_full_unstemmed Discovery to e-discovery of information: legal frameworks in Malaysia, the United Kingdom and the United States
title_sort discovery to e-discovery of information: legal frameworks in malaysia, the united kingdom and the united states
publisher Infonomics Society, United Kingdom
publishDate 2013
url http://irep.iium.edu.my/35104/
http://irep.iium.edu.my/35104/
http://irep.iium.edu.my/35104/1/Duryana_on_Discovery_to_Ediscovery_of_Information_Legal_Frameworks_in_Malaysia_the_United_Kingdom_and_the_United_States.pdf
first_indexed 2023-09-18T20:50:25Z
last_indexed 2023-09-18T20:50:25Z
_version_ 1777409956814782464

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