Electronic Discovery Reference Model (EDRM) – Production

The Electronic Discovery Reference Model (EDRM) is a widely recognised framework for managing electronic discovery (e-discovery) processes in legal proceedings. The stage of production in the EDRM refers to the process of creating and sharing relevant electronic documents with the opposing party.

The production stage begins after the collection and processing of electronic data, which involves identifying and preserving potentially relevant electronic documents and data sources, and extracting and filtering the data to eliminate duplicates, irrelevant files, and privileged information.

Once the relevant data has been identified and processed, the production stage involves the following key steps:

1. Identification of responsive data: In this step, the relevant data is identified and segregated from non-responsive data based on the scope of discovery and the criteria agreed upon by the parties or ordered by the court.
2. Review and Quality Control: The identified data is reviewed for completeness, accuracy, and privilege by the producing party to ensure that only relevant and non-privileged data is produced.
3. Production format: The parties agree on the format in which the data will be produced, which could be in native, TIFF or PDF format, and metadata may also be included.
4. Delivery: The producing party delivers the agreed-upon production to the requesting party in the agreed-upon manner, which could be via secure file transfer or physical media.
5. Acceptance and Verification: The requesting party receives the production and verifies that it is complete and in the agreed-upon format. The requesting party may also conduct quality control checks to ensure the accuracy of the production.
6. Remediation: Any issues with the production are resolved through negotiation, mediation, or court intervention, as necessary.

Overall, the production stage of the EDRM is an important step in e-discovery, as it involves the exchange of relevant electronic information between the parties involved in the legal proceedings. It is critical that the production is managed efficiently, effectively, and accurately to ensure that the parties have access to the information they need to make informed decisions and to comply with their legal obligations.