Common use of Metadata fields Clause in Contracts

Metadata fields. The parties are to confer and agree on whether metadata is to be produced or may be excluded from discovery. Metadata may not be relevant to the issues presented or, if relevant, may not be reasonably subject to discovery, or may be subject to cost- shifting, considering the factors set forth in Fed. R. Civ. P. 26(b)(2)(C). For example, if one party is producing only paper documents, and the other party is producing ESI, the parties should confer on whether the additional cost and burden of producing metadata by the party producing ESI is reasonable or should be shifted under the facts and circumstances of the case. If the parties agree to produce metadata, and unless otherwise agreed, each party shall produce the following metadata associated with ESI to the extent reasonably accessible: (a) the author(s) of the ESI; (b) the recipient(s) of the ESI; (c) the date the ESI was created; and (d) the source from which the ESI was produced. The “source” of ESI shall be the name of the person who was the custodian of the ESI or, if the name of a person is not available, the storage location (e.g., “Regulatory Shared Drive–▇▇▇▇▇, PA”). This information will be included in the “Author,” “Recipient,” “Date,” and “Source” fields (respectively) for each document in the load file associated with the document images. Although it is presumed generally that the above list of metadata fields will be provided, the list of metadata fields is intended to be flexible and may be changed by agreement of the parties, particularly in light of advances and changes in technology, vendor and business practices.

Metadata fields. The parties are to confer and agree on whether metadata is to 13 be produced or may be excluded from discovery. Metadata may not be relevant to the issues 14 presented or, if relevant, may not be reasonably subject to discovery, or may be subject to 15 cost- shifting, considering the factors set forth in Fed. R. Civ. P. 26(b)(2)(C). For example, if 16 one party is producing only paper documents, and the other party is producing ESI, the 17 parties should confer on whether the additional cost and burden of producing metadata 18 by the party producing ESI is reasonable or should be shifted under the facts and 19 circumstances of the case. If the parties agree to produce metadata, and unless otherwise 20 agreed, each party shall produce the following metadata associated with ESI to the extent 21 reasonably accessible: (a) the author(s) of the ESI; (b) the recipient(s) of the ESI; (c) the 22 date the ESI was created; and (d) the source from which the ESI was produced. The 23 “source” of ESI shall be the name of the person who was the custodian of the ESI or, if 24 the name of a person is not available, the storage location (e.g., “Regulatory Shared Drive▇▇ ▇▇▇▇▇–▇▇▇▇▇, PA”). This information will be included in the “Author,” “Recipient,” 26 “Date,” and “Source” fields (respectively) for each document in the load file 1 associated with the document images. Although it is presumed generally that the above 2 list of metadata fields will be provided, the list of metadata fields is intended to be flexible 3 and may be changed by agreement of the parties, particularly in light of advances and 4 changes in technology, vendor and business practices.