DISTRICT COURT

eDISCOVERY DEFAULT STANDARD

 

This District is proactive in attempting to avoid an onslaught of e-discovery disputes.  In  2003, Judge Robinson formed an e-Discovery committee to assist in the formulation of a default standard in the event the parties cannot agree on the form and manner of e-discovery.  This default standard provides that e-discovery will be the subject of the Rule 26(f) conference as well as the Rule 16 scheduling conference.  The initial default standard has been updated several times and a copy of the December 2011 default standard can be found to the right.  Pay close attention to paragraphs 2, 3 and 4 of the Guidelines.  The judges are holding parties to the deadlines specified therein, unless the parties agree otherwise and memorialize it in the proposed Scheduling Order.

 

The default standard provides for timing of e-discovery as well as the use of search methodology to control costs and limit expense.  Unless the parties agree otherwise, electronic documents shall be produced as text searchable single page TIFF images with load files.  The producing party is required to preserve the integrity of the electronic document’s contents, including its metadata.  There is a “pull-back” or “claw-back” provision relating to inadvertently produced documents.