In the context of the disclosure process in Civil Litigation, you are required to state whether an electronic document exists, has existed or whether you are willing to allow your opponents to inspect it. “Electronic” document is defined widely in Practice Direction (PD31B.5 (3)).
It means any document held in electronic form, including, for example, e-mails, text messages and voicemail, word-process documents and data bases and documents stored on portable devices such as memory sticks and mobile phones. As well as documents that are readily accessible from computer systems and other electronic devices and media, it includes documents that are stored on servers and back-up systems and documents that have been deleted. It also includes mega data and other imbedded data. Practice Direction 31B outlines the e-disclosure process for cases that are (or are likely to be) allocated to the Multi Track.