Right now, the tides of e-discovery favor production of electronically stored information (ESI) in native form — i.e., within the original application in which it was created. Because no outlay is needed to convert the data to a static image, those going with e-discovery’s current flow believe that native productions cost less and should thus serve as the default production format for all e-discovery.
But leaping into a wholesale native production without consideration of the format’s potential significant hidden costs and case-management problems can put some litigants in over their heads. A more thorough examination of the issues associated with native-format productions, along with a more nuanced approach to ESI production overall, show that the best format for e-discovery really depends on the specific circumstances of each case. To craft a strategic e-discovery plan, litigants need to understand the advantages and disadvantages associated with production in both native and traditional static-image format so that ESI production meets — rather than dictates — litigation strategy.
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