Metadata Pitfalls to Avoid

When requesting metadata for evidence, it is essential to know an understand the court's requirements when ordering a party to produce metadata with ESI.

Timing

Courts generally desire that parties request for metadata be part of the initial discovery process. In many cases, requests for metadata have been denied for late requests, not part of initial request, or hard copy format was acceptable. However, courts have found late requests excusable due to efforts to meet and confer with opposing counsel.  Being untimely, uncooperative and dismissive of obligations regarding the production of ESI to another party could result in a roadblock in your case.

Not Particular

In addition to timing, requests for metadata should be particular.  When making your request, make it tailored to each program, word document, email, text message, tweet or post. Many courts express concerns about the usefulness of metadata, pointing out that it does not routinely lead to admissible evidence and that it can waste time and money.