1. Flow Chart – ESI Form of Production
Rule 34 – Federal Rules of Civil Procedure
John J. Jablonski, Esq.
Goldberg Segalla LLP
716.566.5469
jjablonski@goldbergsegalla.com
www.goldbergsegalla.com
2. Battle of Electronic Form
Rule 34
Document
Request
Requesting
Party “may”
specify
“form or
forms” for
ESI
Specified
Form
No
Specified
Form
Responding
Party Does
Not Object
Responding
Party
Objects
Responding
Party
“must state
the form or
forms it
intends to
use”
Requesting
Party “Not
Satisfied”
Requesting
Party
“Satisfied”
Parties
Agree on
Form
Court
Resolves
Form
(Not
limited to
forms
identified
by the
parties)
ESI Produced In Form
as agreed, as ordered,
as “ordinarily maintained” or
as “reasonably usable”