Production is perhaps the most scrutinized event in e-discovery. Parties are constantly walking the line of substantial compliance with production obligations, especially in today’s electronic age. From failing to redact privileged or private information to failing to produce all responsive data, e-discovery production risks abound now more than ever before.
What does it take to perfect production under the Federal Rules of Civil Procedure? The first step is a firm grasp of Federal Rules 34(b) and 26(f).
Production à la carte
While the propriety of a given production form turns on whether a production is reasonably useable or is produced in a form that is ordinarily maintained in the course of business, several terms of art are often used when negotiating production format. A single production can implicate all of these production formats.