What Is A 'Reasonably Useful Form' For Production Of ESI?

Law360 (December 5, 2019, 5:30 PM EST) -- In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the case.

While Federal Rule of Civil Procedure 34 encourages requesting parties to specify the form in which production is to be made,[1] many fail to do so, and the rule provides for production in a form in which the information is ordinarily maintained — its native format — or in a "reasonably usable form."[2] The rule does not define "reasonably usable," however, leading to disputes....

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