214-935-9500

214-935-9500

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Southern District of New York Judge Shira Scheindlin has issued a sensible, succinct decision on the production of electronically stored information, and more importantly the metadata fields which should be produced. Additionally, she concludes that this issue could have been avoided, had the parties had the good sense to “meet and confer.”

The metadata fields to be produced are as follows:

  1. Identifier: A unique production identifier (“UPI”) of the item.
  2. File Name: The original name of the item or file when collected from the source custodian or system.
  3. Custodian: The name of the custodian or source system from which the item was collected.
  4. Source Device: The device from which the item was collected.
  5. Source Path: The file path from the location from which the item was collected.
  6. Production Path: The file path to the item produced from the production media.
  7. Modified Date: The last modified date of the item when collected from the source custodian or system.
  8. Modified Time: The last modified time of the item when collected from the source custodian or system.
  9. Time Offset Value: The universal time offset of the item’s modified date and time based on the source system’s time zone and daylight savings time settings. (UTC Time)

The following additional fields shall accompany production of all e-mail messages:

  1. To: Addressee(s) of the message.
  2. From: The e-mail address of the person sending the message.
  3. CC: Person(s) copied on the message.
  4. BCC: Person(s) blind copied on the message.
  5. Date Sent: Date the message was sent.
  6. Time Sent: Time the message was sent.
  7. Subject: Subject line of the message.
  8. Date Received: Date the message was received.
  9. Time Received: Time the message was received.
  10. Attachments: The Bates number ranges of e-mail attachments. The parties may alternatively choose to use: Bates_Begin, Bates_End, Attach_Begin and Attach_End.

The following additional fields shall accompany images of paper records:

  1. Bates_Begin: The beginning Bates number or UPI for the first page of the document.
  2. Bates_End: The ending Bates number or UPI for the last page of the document.
  3. Attach_Begin: The Bates number or UPI of the first page of the first attachment to the parent document; and
  4. Attach_End: The Bates number or UPI of the last page of the last attachment to the parent document.

Judge Scheindlin goes on to conclude:

“Once again, this Court is required to rule on an e-discovery issue that could have been avoided had the parties had the good sense to ‘meet and confer,’ ‘cooperate’ and generally make every effort to  communicate’ as to the form in which ESI would be produced.

Execute the ‘meet and confer’ early and bring your e-discovery expert along.