E-discovery Production Format Protocol
(Federal)

Summary

This e-discovery production format protocol is a standard template attorneys can use to memorialize agreed-upon processes and procedures for producing electronically stored information (ESI) in a federal court litigation. The template helps you ensure all parties are producing ESI in a form consistent with the parties' expectations and agreement. This template also includes practical guidance and drafting notes. You can reap substantial benefits for your client by carefully planning for e-discovery. E-discovery is seldom a time-limited process—it begins soon after the start of the client engagement and will often continue throughout the initial stages of litigation until the close of discovery. The process of e-discovery may last for months, depending upon the size of the case, and may involve extensive efforts to preserve, search for, collect, review, and produce ESI. Accordingly, early planning and careful documentation are essential to keep the production process organized and to minimize excess costs. Given the complexities of e-discovery, you should develop a protocol for collecting, processing, and producing ESI. Developing an e-discovery protocol requires many steps, including the following: • Identifying the right client personnel, lawyers, and vendors • Determining the type of e-discovery at issue • Developing a strategy for collecting and processing ESI • Establishing cost and use goals • Selecting the best method to review, produce, and use electronic discovery • Engaging an e-discovery vendor to assist with ESI collection, processing, and production • Making decisions on process, coding, and quality control • Obtaining input from adversaries and the court • Memorializing external and internal decisions. Accordingly, you should confer with opposing counsel early in your case to formulate a production format protocol to guide your e-discovery process. For a full listing of key content covering management of in-house legal departments, see In-House Legal Department Management Resource Kit. For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For related practical guidance, see E-discovery Resource Kit (Federal), E-discovery Best Practices (Federal), Discovery Planning and Strategy (Federal), Discovery Strategy Video (Federal), E-discovery: Planning for and Conducting E-discovery (Federal), Electronically Stored Information: Collecting ESI (Federal), Rule 26(a) Initial Disclosure Requirements (Federal), and Rule 26(f) Conference and Discovery Plan Requirements (Federal).