An ESI protocol sets the ground rules for electronic discovery. It typically addresses custodians and data sources, date ranges, search methodology including keywords or technology-assisted review, deduplication and threading, production format and metadata fields, redaction and privilege log conventions, and clawback procedures.
It is usually negotiated at or shortly after the Rule 26(f) conference and entered as a court order.
Alternative Names:
ESI Agreement, ESI Stipulation, Discovery Protocol
Why it Matters?
Nearly every downstream e-discovery dispute traces back to a protocol that was vague or never negotiated. Committing early to production format, metadata fields, and search validation prevents re-production demands and motion practice that cost far more than the negotiation would have. It is also the natural place to secure a Rule 502(d) order.
Frequently Confused with
Related terms
Frequently asked questions
What should an ESI protocol cover?
When should it be negotiated?
