A production request may specify the form or forms in which electronically stored information is produced.

A production request may specify the form or forms in which electronically stored information is produced.

• A. Cannot specify the form of electronically stored information.
• B. May specify the form or forms in which electronically stored information is to be produced.
• C. Must only produce ESI in native format.
• D. Must produce ESI in a summarized form.

Answer: (B)

The form of production for electronically stored information can be specified in a discovery request. This is allowed by the rules, so a party sending the request may demand the form in which ESI should be produced—such as native files, TIFF with load files, PDFs, and accompanying metadata. The producing party then has to comply with the requested form or raise objections and, if the form isn’t specified, must produce in a reasonably usable form. The other options misstate the rule: production isn’t limited to native format, nor must it always be summarized, and the requester is indeed allowed to specify the form.

The form of production for electronically stored information can be specified in a discovery request. This is allowed by the rules, so a party sending the request may demand the form in which ESI should be produced—such as native files, TIFF with load files, PDFs, and accompanying metadata. The producing party then has to comply with the requested form or raise objections and, if the form isn’t specified, must produce in a reasonably usable form. The other options misstate the rule: production isn’t limited to native format, nor must it always be summarized, and the requester is indeed allowed to specify the form.