Search methodology Clause Samples
A Search Methodology clause defines the procedures and standards to be followed when conducting searches, typically for information, records, or assets relevant to the agreement. It outlines the specific steps, tools, or databases to be used, and may set requirements for documentation or reporting of the search process. This clause ensures that all parties have a clear, consistent approach to searching, which helps prevent disputes over the adequacy or thoroughness of searches and promotes transparency in fulfilling contractual obligations.
Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources (including custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the search methodology.
5 a. Prior to running searches:
6 i. The producing party shall disclose the data sources (including 7 custodians), search terms and queries, any file type and date restrictions, and any other 8 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The producing party may provide unique 11 hit counts for each search query.
12 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 producing party absent a showing of good cause or agreement of the parties.
15 iii. The following provisions apply to search terms / queries of the 16 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 as product and company names, generally should be avoided. A conjunctive combination of 18 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 term unless they are variants of the same word. The producing party may identify each search 22 term or query returning overbroad results demonstrating the overbroad results and a counter 23 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25
Search methodology. Upon reasonable request and if appropriate for the particular case, a party shall also disclose information relating to network design, the types of databases, database dictionaries, the access control list and security access logs and rights of individuals to access the system and specific files and applications, the ESI document retention policy, organizational chart for information systems personnel, or the backup and systems recovery routines, including, but not limited to, tape rotation and destruction/overwrite policy.
Search methodology. The parties shall timely confer to attempt to reach agreement 14 on appropriate search terms and queries, file type and date restrictions, data sources (including 15 custodians), and other appropriate computer- or technology-aided methodologies, before any such 16 effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the 17 search methodology.
18 a. Prior to running searches:
19 i. The producing party shall disclose the data sources (including 20 custodians), search terms and queries, any file type and date restrictions, and any other 21 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 22 information. The producing party may provide unique hit counts for each search query.
23 ii. After disclosure, the parties will engage in a meet and confer 24 process regarding additional terms sought by the non-producing party.
25 iii. The following provisions apply to search terms / queries of the 26 requesting party. Focused terms and queries should be employed; broad terms or queries, such as 27 product and company names, generally should be avoided. A conjunctive combination of multiple 28 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP 1 words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single 3 “system”) broadens the search, and thus each word or phrase shall count as a separate search term
Search methodology. The parties shall timely attempt to reach agreement on 4 appropriate search terms, or an appropriate computer- or technology-aided methodology, before 5 any such effort is undertaken. The parties shall continue to cooperate in revising the 6 appropriateness of the search terms or computer- or technology-aided methodology.
Search methodology. The parties shall timely confer to attempt to reach agreement 11 on appropriate search terms and queries, file type and date restrictions, data sources (including 12 custodians), and other appropriate computer- or technology-aided methodologies, before any such 13 effort is undertaken, taking into account the complexity, proportionality, and nature of the case. 14 The parties shall continue to cooperate in revising the appropriateness of the search methodology.
15 a. Prior to running searches:
16 i. The producing party shall disclose the data sources (including 17 custodians), search terms and queries, any file type and date restrictions, and any other 18 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable
Search methodology. The parties shall timely confer to attempt to reach agreement on appropriate search terms and queries, file type and data restrictions, data sources (including custodians), and other appropriate computer- or technology-aided methodologies, before any such effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search methodology.
a. Prior to running searches:
i. The producing party shall disclose the data sources (including custodians), search terms and queries, any file type and date restrictions, and any other methodology that it proposes to use to locate ESI likely to contain responsive and discoverable information. The use of search terms will not preclude the use of any methodology or technology- assisted review. The producing party may provide unique hit counts for each search query.
ii. After disclosure of custodians, search terms and queries, and methodology, the parties will engage in a meet and confer process regarding additional terms sought by the non-producing party.
iii. The following provisions apply to search terms / queries of the requesting party. Focused terms and queries should be employed; broad terms or queries, such as product and company names, generally should be avoided. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a separate search term unless they are variants of the same word. The producing party may identify each search term or query returning overbroad results, demonstrating the overbroad results and making a counter proposal correcting the overbroad search or query. The parties will meet and confer in good faith on any such counter proposals.
Search methodology. The parties shall timely confer to attempt to reach agreement on 19 appropriate search process issues such as terms, queries, predictive coding and AI, file type and date 20 restrictions, data sources (including custodians), and other appropriate computer- or technology- 21 aided methodologies including validation of such processes, before any such effort is undertaken.
Search methodology. [The Court presumes that in the majority of cases, the use 23 of search terms will be reasonably necessary to locate or filter ESI likely to contain 24 discoverable information.] The parties shall timely attempt to reach agreement on appropriate 25 search terms, or an appropriate computer- or technology-aided methodology, before any such 26 effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of 1 the search terms or computer- or technology-aided methodology.
Search methodology. [The Court presumes that in the majority of cases, the use of search terms will be reasonably necessary to locate or filter ESI likely to contain discoverable information.] The parties shall timely attempt to reach agreement on appropriate search terms, or an appropriate computer- or technology-aided methodology, before any such effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search terms or computer- or technology-aided methodology. In the absence of agreement on appropriate search terms, or an appropriate computer- or technology-aided methodology, the following procedures shall apply:
a. A producing party shall disclose the search terms or queries, if any, and methodology that it proposes to use to locate ESI likely to contain discoverable information. The parties shall meet and confer to attempt to reach an agreement on the producing party’s search terms and/or other methodology.
b. If search terms or queries are used to locate ESI likely to contain discoverable information, a requesting party is entitled to no more than 5 additional terms or queries to be used in connection with further electronic searches absent a showing of good cause or agreement of the parties. The 5 additional terms or queries, if any, must be provided by the requesting party within 14 days of receipt of the producing party’s production.
c. Focused terms and queries should be employed; broad terms or queries, such as product and company names, generally should be avoided. Absent a showing of good cause, each search term or query returning more than 250 megabytes of data are presumed to be overbroad, excluding Microsoft PowerPoint files, image and audio files, and similarly large file types.
d. The producing party shall search both non-custodial data sources and ESI maintained by the custodians identified above.
Search methodology. The parties shall attempt to reach agreement on appropriate 11 search terms, or an appropriate computer- or technology-aided methodology, before any such effort 12 is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search 13 terms or computer- or technology-aided methodology.
14 a. A producing party shall disclose what search terms, if any, were used to 15 locate ESI likely to contain discoverable information. If search terms were not used, the producing 16 party shall disclose the search methodology used to locate ESI likely to contain discoverable 17 information.
18 b. If search terms were used to locate ESI likely to contain discoverable 19 information, a requesting party is entitled to no more than 5 additional terms or queries to be used in 20 connection with further electronic searches absent a showing of good cause or agreement of the 21 parties. The parties shall confer in good faith on the 5 additional terms or queries. Focused terms 22 and queries, rather than overbroad ones (e.g., product and company names), should be employed.
23 c. Absent a showing of good cause, search terms returning more than 250 24 megabytes of data are presumed to be overbroad.
25 d. The producing party shall search both non-custodial data sources and ESI 26 maintained by the custodians identified pursuant to section B(1).