Produce the Metadata: The Juggernaut Rolls On

One of the recurring battles in electronic discovery practice is the form in which electronically stored information shall be produced, if the parties can't agree, under Rule 34(b) of the Federal Rules of Civil Procedure as amended December 1, 2006. The trend in federal courts in the past few years has been in favor of producing native files with their underlying metadata.

As more states amend their rules of civil procedure to address electronically stored information--and to date thirty have--more state courts are going to grapple with the question of what is a proper form of production when the parties cannot agree.

Clifford F. Shnier

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