Common use of Search methodology Clause in Contracts

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).

Search methodology. The parties shall attempt to reach agreement on appropriate 11 19 search terms, or an appropriate computer- or technology-aided methodology, before any such 20 effort 12 is undertaken. The parties shall continue to cooperate in revising the appropriateness of the 21 search 13 terms or computer- or technology-aided methodology. 14 22 a. A producing party shall disclose what search terms, if any, were used to 15 23 locate ESI likely to contain discoverable information. If search terms were not used, the 1 producing 16 party shall disclose the search methodology used to locate ESI likely to contain 2 discoverable 17 information. 18 3 b. If search terms were used to locate ESI likely to contain discoverable 19 4 information, a requesting party is entitled to no more than 5 additional terms or queries to be 5 used in 20 connection with further electronic searches absent a showing of good cause or agreement 6 of the 21 parties. The parties shall confer in good faith on the 5 additional terms or queries. Focused 7 terms 22 and queries, rather than overbroad ones (e.g., product and company names), should be 8 employed. 23 9 c. Absent a showing of good cause, search terms returning more than 250 24 10 megabytes of data are presumed to be overbroad. 25 11 d. The producing party shall search both non-custodial data sources and ESI 26 12 maintained by the custodians identified pursuant to section B(1)above.