Requests For Production

Question 0

” reasonably described”

Answer 0

Rule 34(b)(1)- must describe with reasonable particularity each item or category of items to be inspected
Must produce as kept I usual course of business

Question 1

Requests for Production (RFP)

Rule 34

Answer 1

Only to a party
Docs, photos, recordings, data, phys evid, permission to enter land.
Docs & property w/in party’s custody or control
Have to be reasonably described

Question 2

ESI

Answer 2

Electronically stored info

Question 3

What is considered a doc subject to rule 34?

Answer 3

Anything in computer is a doc. Includes audio

Question 4

Rule 34(b)(2)(?)(?)&(?)
Says must be produces in usual course of business and as "ordinarily maintained"

Answer 4

(E)(i)&(ii)

Question 5

How do you avoid altering file ( must be unaltered) if you have to redact stuff?

Answer 5

Put in tiff form, redact it , then submit it.

Question 6

When do parties hash out what metadata they want?

Answer 6

At rule 16 scheduling conference.

Question 7

What costs more .pdfs or Tiffs?

Answer 7

.pdf.

Question 8

Rule 26(b)(2)(B) and “reasonably accessible”

Answer 8

Before backup tapes weren’t reasonably accessible. No they generally are.
( we’re lumped together, unorganized) could be undue burden for cost of restoring an old system just to look at backup tapes.

Question 9

Who pays for ediscovery.

Answer 9

Generally the producing party pays (unless cost shifting

Question 10

Ask for third parties to produce documents?

Answer 10

Rule 45-subpeona

Question 11

Safe Harbor Rule

ESI

Answer 11

Rule 37(e)
Unless exceptional circumstances, court may NOT impose sanctions on party for failing to produce ESI lost as result of ROUTINE, GOOD FAITH OPERATION OF ESI.

Question 12

Why are ediscovery variables/costs difficult to predict?

Answer 12

Cuz volume based, data keeps growing & growing.

Question 13

Ethical duty w/ESI

Answer 13

To inform your understand and advise your client of the available technology and the cost implications.

Question 14

STEP BY STEP on reas. Anticipation of litigation:

Answer 14

• litigation hold & data preservation plan
• suspend auto deletes, stop recycling backup tapes
• counsel meet & confer 26(b)
• respond or object w/in 30 days
• schedule conference (16)
• RFP served (34)
• RFP response
• Data collection starts
• Data filtering & Processing
• Document production, privilege log,certification
• Doc review continues