It is well recognised that the vast majority of documents are now held electronically rather than in paper form. Electronic documents include emails, word processing files, databases, web pages, and text or sms messages1. The tendency to copy many recipients to an email message, for example, to say nothing of the email replacing the spoken word, considerably increases the volume of electronic documents as against the equivalent paper documents and the ability to store them relatively cheaply and easily without physical storage space results in many more documents being kept than might have been the case with paper copies. In equivalent paper storage the volumes are nearly beyond comprehension.2 The use of electronic communication distinguishes it from paper documents. Much electronic communication is a substitute for face-to-face meetings or telephone calls. It can often be very informal and hence of quite different “look-and-feel” to paper documents. Finally, there is permanence to electronic communication that does not exist in face-to-face meetings or telephone calls. The issues are not, however, new. The English High Court recognised that electronic documents would be within the scope of discovery in 1975. The Federal Rules of Civil Procedure have included electronic documents since 1993.