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I L T A W H I T E P A P E R & S U R V E Y R E S U L T S | L I T I G A T I O N & P R A C T I C E S U P P O R T 16 I L T A ' S 2 0 2 3 L I T I G A T I O N & P R A C T I C E S U P P O R T S U R V E Y R E S U L T S Production in Original Digital Format - The New Normal by Stephanie Mills, CEDS When it comes to handling electronic documents in litigation matters, one crucial decision to make is how to produce the data. The ILTA Litigation Practice Support Survey asked, "In what format do you most frequently produce?". The results were that 41% of respondents are producing data using TIFF / Text files with metadata load files, 36% are producing data in PDF or Native format with or without load files, and 22% are producing Native files. This article will proffer why Native production with or without load files is the most advantageous way to produce records. Please note that in the spirit of reconciliation with indigenous communities in Canada, Native production will be referred to as production in its Original Digital Format ("ODF") as guided by the Sedona Canada 2022 principles. The landscape of eDiscovery evolves at a rapid pace as new sources of evidence change the definition and boundaries of what constitutes a "document". Litigation support professionals manage a deluge of data from a variety of sources including collaboration apps, social media, and mobile data bringing challenges with embedded links, emoticons, and more. Production of this new data along with standard file types (emails and eDocuments) needs to be managed with efficiency, diligence, and planning. Collaborating with counsel to develop a practical Electronically Stored Information ("ESI") protocol and proactively discussing documentary disclosure will assist in avoiding rework, and potential spoliation of evidence and ensure that evidence is produced in a useful, organized, and cost-effective manner. ODF production involves exchanging documents in their original format. While TIFF production is necessary for documents that require redactions or the management of confidential What format do you most frequently produce 41% 36% 22%

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