Requests and Forms as Modern as the Evidence You Seek

Are your discovery requests still mired in a bygone world of telegrams and carbon paper? Are you getting pummeled with expenses and review challenges you need not accept? E-discovery expert Craig Ball discusses ways to revamp your requests to target electronic evidence and secure its production in utile and complete forms that will materially aid the bottom line. Learn to use requests and production protocols as modern as the evidence you seek.

The 60-minute program will begin by addressing the nature and variety of emerging electronic evidence in litigation. It will cover the common boilerplate language in form requests, and using a historical perspective, demonstrate how outdated requests and definitions are ill-suited to efficient and economical modern evidentiary formats. The program will examine fresh approaches to old tasks in the context of electronically stored information and powerfully make the case for why native productions are more efficient and cost-effective in cases of every size, as well as how to craft a practical and proportional production protocol that serves all parties' interests.


  • Do Forms of Production Really Matter?
    • Increase the quality and affordability of production by requesting enhanced forms of production
    • A conceptual view of the e-discovery process

  • The Procedural Rules Governing Gorms of Production
    • The Federal Rules of Civil Procedure as amended for electronic evidence
    • What is just, speedy, and inexpensive production?

  • Understanding What You're Missing in Static Productions
    • The aspect ratio wars: what are we missing?
    • What is "the evidence?"

  • Introduction to the TIFF+ Problem
    • What is TIFF+ format?

  • How Did We Get Into This Mess?
    • A history of TIFF production
    • How production differs when produced in TIFF format
    • What is native production? Why does it matter?

  • Cost Is the Clincher!
    • Comparing costs between native files, PDF files, and TIFF files
    • More resources for improving your requests and productions

  • "Don't Let the Redaction Tail Wag the Production Tail"
    • Dealing with redactions in modern production
    • Bates numbering electronically stored information
    • A reminder about Rule 34

  • Questions & Answers
Topics covered include: Practice Skills
Duration of this webinar: 60 minutes
Originally broadcast: June 09, 2023 12:00 PM PT
Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: June 08, 2025

South Carolina CLE

Status: Approved

Credits: 1.0 General

Difficulty: All Levels

Earn Credit Until: December 31, 2024

Texas CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: January 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: February 28, 2025

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours.

Please note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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Craig Ball
Craig Ball Trial Lawyer & Computer Forensic Examiner
Craig Ball hails from Texas, works in Austin, and happily calls the Big Easy home. A graduate of Rice University and the University of Texas School of Law, Craig is a trial lawyer and certified computer forensic examiner. Licensed in Texas since 1982, Craig is an Adjunct Professor at the University of Texas School of Law and at Tulane Law School, teaching Electronic Evidence and Digital Discovery. Craig is an expert in digital forensics, emerging technologies, visual persuasion, electronic discovery, and trial tactics, limiting his practice to service as a court-appointed Special Master in Electronically-Stored Information. Read More ›
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