Extract from Kelly Twigger’s article “Episode 133: Form vs Manner: Understanding Rule 34’s Requirements for ESI Production”
In Episode 133, our CEO and Founder, Kelly Twigger discusses the importance of understanding Rule 34’s requirements on manner and form of production and whether they allow a party to demand production via dropbox link instead of a flash drive when it seeks native format and all accompanying metadata in case Miller v. Legacy Bank, 2023 WL 7410627 (W.D. Okla. 2023).
Introduction
Welcome to this week’s Case of the Week series brought to you by eDiscovery Assistant in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder at eDiscovery Assistant, your GPS for ediscovery knowledge and education. Thanks so much for joining me today.
Each week, as you know, on the Case of the Week, I choose a recent decision in ediscovery and talk to you about the practical implications of that matter. This week’s decision highlights the need to understand the differences between form and manner of production under Rule 34, and why planning in advance for both of those is crucial to the data that you’ll receive in your case.
A couple of announcements before we dive into our decision. First, huge congratulations to our team for winning the Innovating Knowledge Management Award at the LegalWeek Leaders in Tech Law Awards during LegalWeek. It’s an incredible amount of work to curate the case law resources and education that we provide at eDiscovery Assistant, and I’m grateful to our team for all of their efforts. Thanks to all of you for supporting the work that we do.
Next, the 11th Annual University of Florida eDiscovery Conference, starts next Wednesday, February 28th, and we have a fantastic agenda and lineup of more than 50 speakers from across government, in-house counsel, and law firms joining us this year. You can register here. It is free to attend virtually. Plus, you can receive up to 14.5 hours of CLE for attending, so get registered for that.
We’ll also be launching our 2023 Case Law Report next week, and that will be distributed to attendees at UF. If you’d like to be notified of when the Case Law Report will be available, you can sign up here.
