Describe the issues in reviewing large volumes of material as part of e-discovery

Question

What will be an ideal response?

Answer 1

Document review is one of the most costly parts of electronic discovery. While computer technology is increasingly being used it is still potentially a labor intensive process. When documents are delivered by the client in a number of different electronic file formats, the review process will require multiple programs to open and view the original files. Document review can sometimes be done more efficiently by converting all of the different types of documents into a common format that can be searched and indexed with a single program. Rule 34 of the Federal Rules of Civil Procedure allows the requesting party to specify the desired format for the delivery of the information. Every electronic document has metadata, which is simply information about the document. If the document is delivered in its native file format (the format in which the document was originally created), the metadata is part of the document. The process of removing metadata is commonly called "scrubbing" the electronic documents. In a litigation setting, the issue arises of whether this can be done without either the agreement of the parties or the producing party providing notice through an objection or motion for protective order.