Northern Crossarm v. Chemical Specialties, Inc.

 

Party Must Specify the Format for Production of E-Documents

2004 WL 635606 (W.D. Wis. 2004)

During discovery proceedings, the plaintiff requested copies of the defendant’s emails. The defendant produced copies of the emails that the plaintiff had requested, but did so in hard copy. When the plaintiff received the hard copies of the emails, which totaled 65,000 pages, the plaintiff then stated that it wanted the emails in electronic format. The defendant claimed that electronic reproduction would be too time consuming and expensive. When the plaintiff originally requested the material under rule 34(a) of the F.R.D, it did not specify what format it wanted the documents in.

Therefore, the court held that the defendant was compelled only to provide the documents in the form that the defendant used them in during the normal course of business. A mimicking of this form, for example paper copies of electronic communications, would also have been acceptable. If however, the plaintiff had requested the documents in a specific format, then the defendants would have had to either comply with the request, compromise with the plaintiff, or seek shelter from the court. In this case however, since the plaintiff did not initially seek a specific format for production of the documents, the court was unwilling to require that the defendants reproduce the information electronically.

 

Tags: ,

    Related Posts

  • Staff Recognized for Departing Employee Investigations - The first issue of Corporate Counsel Business Journal, CCBJ,  includes an interview with our Director of Digital Forensics, Yaniv Schiff, and Solutions Architect, Curtis Collette, on the evolution of departing employee investigations. Departing Employee: When Do Investigations Become Necessary? appeared in the print publication, online edition, and on CCBJ’s In-House Tech website. For Increasing Numbers of Employers, Departing Employee Investigations[...Read More]
  • Chicago Office Food Drive – The Results Are In - QDiscovery’s Chicago Office collected nearly 1,000 containers of food for the local food bank this Holiday Season!  Our office competed with sister offices in Indiana and Connecticut.  Alas, we came in third.  Our sister offices each collected nearly 2,000 containers for their local food banks.  Relatively new to the company-wide food drive, the Forensics Division[...Read More]
  • QDiscovery QMobile App Wins Innovation Award - QDiscovery’s QMobile is winner of a 2017 Relativity Innovation Award.  Presented at Relativity Fest, the Innovation Award celebrates organizations that create apps or integrations that extend the functionality of Relativity’s eDiscovery software.   Our development team created an application that makes the analysis of mobile collections much more manageable.  Relativity users can now produce and review mobile[...Read More]
  • Moving and Changing - Acquired by Connecticut-based QDiscovery in 2016, Forensicon’s capabilities multiplied overnight, both in forensics brain power and eDiscovery expertise.  As part of a leading provider of end to end litigation support, moving to larger offices that are more central to the Chicago legal community was inevitable.
  • QDiscovery Named One of the Top 20 Providers of Legal Services! - Leading industry publication, CIO Magazine, has named Forensicon’s parent company, QDiscovery, to it’s  Top 20 Providers of Legal Services.  The annual listing includes 20 companies that are at the forefront of providing legal solutions and impacting the marketplace.  Read the whole article here.  Featured in the publication alongside QDiscovery President, Dave Barrett, is Director of Digital Forensics, Yaniv[...Read More]
Comments are closed.