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By Craig Ball

Recently, I’ve weighed in on disputes where the parties were fighting over whether the e-mail production was sufficiently “native” to comply with the court’s orders to produce natively.  In one matter, the question was whether Gmail could be produced in a native format, and in another, the parties were at odds about what forms are native to Microsoft Exchange e-mail.  In each instance, I saw two answers; the technically correct one and the helpful one.  I am a vocal proponent of native production for e-discovery.  Native is complete.  Native is functional.  Native is inherently searchable.  Native costs less.  I’ve explored these advantages in other writings and will spare you that here.  But when I speak of “native” production in the context of databases, I am using a generic catchall term to describe electronic forms with superior functionality and completeness, notwithstanding the common need in e-discovery to produce less than all of a collection of ESI.

 

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