On Tue, Jan 17, 2012 at 4:35 PM, Roach, Bill <[log in to unmask]> wrote:

> >> But everything I've seen on the topic the last couple of years
> indicates that courts increasingly want native format or as-used, not PDFs
> of everything.<<
>
> I suspect that this is the case when the court has to weigh in on a
> dispute over production.  If the parties cannot agree, production in the
> format normally preserved by the business would seem a logical solution.
>

"*6. Format.*  If, during the course of the Rule 26(f) conference, the
parties cannot agree to the format for document production, electronic
documents shall be produced to the requesting party as image files (e.g.,
PDF or TIFF). When the image file is produced, the producing party must
preserve the integrity of the electronic document's contents, i.e., the
original formatting of the document, its metadata and, where applicable,
its revision history. After initial production in image file format is
complete, a party must demonstrate particularized need for production of
electronic documents in their native format. "
http://www.ded.uscourts.gov/SLR/Misc/EDiscov.pdf

http://www.lexbe.com/hp/e-Discovery-production-formats-native-PDF-TIFF.aspx

"The December 1, 2006 amendments to the Federal Rules of Civil Procedure
(FRCP) – specifically rule 34(b) – made the default obligation to produce a
document “in a form or forms in which it is ordinarily maintained or in a
form or forms that are reasonably usable” unless the requesting party – or
failing that, the producing party – specifies a different format."
http://www.edrm.net/resources/edrm-white-paper-series/the-reality-of-native-format

Rule 34

(E) *Producing the Documents or Electronically Stored Information.* Unless
otherwise stipulated or ordered by the court, these procedures apply to
producing documents or electronically stored information:

(i) A party must produce documents as they are kept in the usual course of
business or must organize and label them to correspond to the categories in
the request;

(ii) If a request does not specify a form for producing electronically
stored information, a party must produce it in a form or forms in which it
is ordinarily maintained or in a reasonably usable form or forms; and

(iii) A party need not produce the same electronically stored information
in more than one form.

http://www.law.cornell.edu/rules/frcp/rule_34


FRCP

http://www.law.cornell.edu/rules/frcp/


-
Peter Kurilecz CRM CA
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Richmond, Va
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