Common use of Search methodology Clause in Contracts

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 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 15 appropriate search terms, or an appropriate computer- or technology-aided methodology, before 16 any such effort is undertaken. The parties shall continue to cooperate in revising the 17 appropriateness of the search terms or computer- or technology-aided methodology. 18 In the absence of agreement on appropriate search terms, or an appropriate computer- or technology-aided methodology, the following procedures shall apply:or 20 a. A producing party shall disclose the search terms or queries, if any, and 21 methodology that it proposes to use to locate ESI likely to contain discoverable information. The 22 parties shall meet and confer to attempt to reach an agreement on the producing party’s search 23 terms and/or other methodology. 24 b. If search terms or queries are used to locate ESI likely to contain 25 discoverable information, a requesting party is entitled to no more than 5 additional terms or 26 1 queries to be used in connection with further electronic searches absent a showing of good cause 2 or agreement of the parties. The 5 additional terms or queries, if any, must be provided by the 3 requesting party within 14 days of receipt of the producing party’s production. 4 c. Focused terms and queries should be employed; broad terms or queries, 5 such as product and company names, generally should be avoided. Absent a showing of good 6 cause, each search term or query returning more than 250 megabytes of data are is presumed to be 7 overbroad, excluding Microsoft PowerPoint files, image and audio files, and similarly large file 8 types. 9 d. The producing party shall search both non-custodial data sources and ESI 10 maintained by the custodians identified above. 11 e. The parties reserve their rights to identify responsive documents through 12 methods other than search terms, to include informed custodial self-identification. “Informed 13 custodial self-identification” means a process by which a document custodian, in consultation with 14 legal counsel, identifies folders, drives, or repositories of documents and/or ESI that are likely to 15 contain materials that are responsive to the Receiving Party’s discovery requests.