Who Gets to Decide, Production Fundamentals Series Part 3
A multi-part series on the fundamentals eDiscovery practitioners need to know about the preparation and production of ESI
by Matthew Verga, JD, Xact Data Discovery
In “The Final Countdown,” we discussed the importance of production and the primary production formats. In “The Nitty-Gritty and Other Reduplications,” we discussed other important production format considerations. In this Part, we review what the FRCP have to say about who selects the production format.
Now that we’ve reviewed the available production formats and related options, it’s time to discuss which party gets to decide on the formats and options to be used in a typical case. Pursuant to the Federal Rules of Civil Procedure, both parties have opportunities for a say: first, in negotiations; then, through requests and objections; and finally, through motions to compel and protect.