How The Manner Of Production Impacts EDiscovery Strategy: Key Lessons From Partners Insight, LLC V. Gill

In an article published on the ACEDS blog, Kelly Twigger highlights a critical but often overlooked aspect of eDiscovery: the manner of production. Partners Insight, LLC v. Gill serves as a reminder that the delivery and organization of electronically stored information (ESI) can significantly impact case preparation. The court’s analysis under Federal Rule of Civil Procedure 34(b)(2)(e) underscores the importance of preserving the “functional utility” of ESI during production.

The defendants in this case produced over 180,000 documents in TIFF format with accompanying metadata. The plaintiffs argued that the production, presented without logical organization, amounted to a “document dump” in violation of Rule 34(b)(2)(e). However, the court ruled that the production met the rule’s requirements. It emphasized that Rule 34(b)(2)(e) encompasses both format and manner, but the plaintiffs failed to demonstrate that the metadata was incomplete or the production unsearchable.

Twigger draws several key takeaways from this decision. First, litigators should negotiate the manner of production upfront, specifying metadata fields, organization by custodian or date, and preferred formats. Native production, while often more useful, must be explicitly requested to preserve its advantages. Second, building a strong factual record is essential when challenging productions; unsupported claims about usability or organization will not suffice. Finally, understanding local rules and trends can prevent surprises, as requirements vary by jurisdiction.

Ultimately, Twigger advises litigators to take a proactive approach to discovery planning, ensuring the organization and utility of ESI align with case strategy. This decision highlights the necessity of strategic foresight in managing modern eDiscovery challenges.