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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Jason Krause
It seems like every week there is a new, reported ruling over the form of production. But since the Federal Rules of Civil Procedure were amended in 2006 to clarify this issue, we have to ask- why is form of production still an issue?
One problem is that many attorneys who have worked in e-discovery for a long time are used to producing documents in paper or TIFF or Adobe PDF formats. And for many e-discovery vendors the industry standard practice is to take documents that were originally electronic and either print or convert them to TIFF or PDF.
However, the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) rule 34(b) made the default obligation to produce a document “in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable” unless the requesting party specifies a different format. While that standard should have simplified the matter, this is actually where the controversy begins.
Read the complete article at Why is Form of Production a Problem in 2015?