Requests for Production

Remember to Object if a Party Producing ESI as 15 PDFs Equaling 35,000 Pages

June 5, 2022 Josh Gilliland Form of Production

Every lawyer has seen productions of electronically stored information that is one massive PDF comprising hundreds of email and attachments. Many attorneys greet the frustration of having to review such a production in balancing the cost of a motion to compel against the couple of hours it can take to[…]

Think in Terms of What is Relevant, Not Producing Keyword Hits

December 10, 2018 Josh Gilliland eDiscovery, Proportionality, Request for Production, Search Terms

I have never been a fan of Courts limiting how many search terms parties can use to find responsive ESI with no regard for how searches in review applications work. That is right up there with blaming high litigation costs because lawyers read. Limiting search terms also could limit the[…]

Be Specific If You Are Going to Attack the Form of Production

September 22, 2015 Josh Gilliland Form of Production, Request for Production

Oh, Rule 34. You are the code section that keeps giving. Under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i), a party “must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.” A Plaintiff brought[…]