This Control directly supports the implied Control(s):
Establish, implement, and maintain an e-discovery program., CC ID: 00976
This Control has the following implementation support Control(s):
Notify interested personnel and affected parties about discovery sampling., CC ID: 00978
Ignore "Freezing" out of scope electronic content during e-discovery., CC ID: 00979
Define the scope of the electronic content needed to be collected., CC ID: 00980
SELECTED AUTHORITY DOCUMENTS COMPLIED WITH
Addresses the potential for cleartext PAN to reside on systems and networks outside the currently defined CDE. (A3.2.5 Bullet 3, Payment Card Industry Data Security Standard Requirements and Testing Procedures, Defined Approach Requirements, Version 4.0)
Methods are able to discover cleartext PAN on all types of system components and file formats in use. (A3.2.5.1 Bullet 2, Payment Card Industry Data Security Standard Requirements and Testing Procedures, Defined Approach Requirements, Version 4.0)
The process includes verifying the methods are able to discover cleartext PAN on all types of system components and file formats in use. (A3.2.5.1.a Bullet 2, Payment Card Industry Data Security Standard Requirements and Testing Procedures, Defined Approach Testing Procedures, Version 4.0)
The discovery of Electronically Stored Information that is not from reasonably accessible sources must be limited. (Comment 2.c ¶ 1, The Sedona Principles Addressing Electronic Document Production)
The parties should identify the data sources which will be subject to preservation and discovery early in the process. (Comment 3.a ¶ 2(i), The Sedona Principles Addressing Electronic Document Production)
The parties should resolve the relevant time period early in the discovery process. (Comment 3.a ¶ 2(ii), The Sedona Principles Addressing Electronic Document Production)
The parties should identify the individuals who are likely to have relevant Electronically Stored Information early in the discovery process. (Comment 3.a ¶ 2(iii), The Sedona Principles Addressing Electronic Document Production)
The parties should define the forms for preservation and production early in the discovery process. (Comment 3.a ¶ 2(iv), The Sedona Principles Addressing Electronic Document Production)
The parties should define the types of metadata to preserve and produce early in the discovery process. (Comment 3.a ¶ 2(v), The Sedona Principles Addressing Electronic Document Production)
The parties should identify the information sources that are not reasonably accessible because of undue burden or cost early in the discovery process. (Comment 3.a ¶ 2(vi), The Sedona Principles Addressing Electronic Document Production)
The parties should define search terms and other methods to reduce the volume of Electronically Stored Information that is to be preserved or produced early in the discovery process. (Comment 3.a ¶ 2(vii), The Sedona Principles Addressing Electronic Document Production)
The parties should resolve issues about the assertions of privilege and inadvertent production of privileged documents early in the discovery process. (Comment 3.a ¶ 2(viii), The Sedona Principles Addressing Electronic Document Production)
The parties that are seeking discovery should have enough technical knowledge of the production options so they can make an educated and reasonable request and the responding party should be prepared to respond to production form issues. (Comment 3.b ¶ 2, The Sedona Principles Addressing Electronic Document Production)
The parties should make all discovery requests for Electronically Stored Information as clear as possible. (Prin. 4, The Sedona Principles Addressing Electronic Document Production)
Requesting parties should clearly and specifically show the types of Electronically Stored Information it is seeking, by targeting particular information and identifying relevant individuals and topics. (Comment 4.a ¶ 1, The Sedona Principles Addressing Electronic Document Production)
Responses and objections to discovery requests should specifically and clearly identify all objections and state how the production of relevant Electronically Stored Information is limited, based on undue burden or cost. (Comment 4.b ¶ 1, The Sedona Principles Addressing Electronic Document Production)
The responding party must identify the forms that it will use to produce the Electronically Stored Information, if the requesting party did not specify the form or the responding party objects to the requested form. (Comment 4.b ¶ 4, The Sedona Principles Addressing Electronic Document Production)
The responding party should note agreement with the requested form or include an objection and identify the form that it will use, if the requesting party specifies a form for production. (Comment 4.b ¶ 4, The Sedona Principles Addressing Electronic Document Production)
The preservation obligation should be limited to the steps that are reasonably necessary to secure the evidence of the disputed matter in a fair and just way. (Comment 5.g ¶ 3, The Sedona Principles Addressing Electronic Document Production)
Discovery should not be allowed to continue indefinitely. (Comment 6.b ¶ 2, The Sedona Principles Addressing Electronic Document Production)
A party must preserve the source, disclose the source with enough information so the other party can understand the issues, show why the production is unduly burdensome or costly, and discuss these issues at the meet and confer sessions, if a determination has been made that this is the only source … (Comment 8.b ¶ 4, The Sedona Principles Addressing Electronic Document Production)
The "quick pick" order entered by the court should indicate the court is compelling the manner of production. (Comment 10.d ¶ 10(1), The Sedona Principles Addressing Electronic Document Production)
The "quick pick" order entered by the court should state that the production does not result in an express waiver or implied waiver of any protection or privilege for the documents. (Comment 10.d ¶ 10(2), The Sedona Principles Addressing Electronic Document Production)
The "quick pick" order entered by the court should direct the reviewing party not to discuss the document contents or take notes during the review. (Comment 10.d ¶ 10(3), The Sedona Principles Addressing Electronic Document Production)
The "quick pick" order entered by the court should allow the reviewing party to select documents it believes are relevant to the case. (Comment 10.d ¶ 10(4), The Sedona Principles Addressing Electronic Document Production)
The "quick pick" order entered by the court should order the producing party to produce the selected document, put the selected document on the privilege log, or put the selected document on a non-responsive log. (Comment 10.d ¶ 10(5), The Sedona Principles Addressing Electronic Document Production)
The organization should complete a proper and thorough analysis of the metadata to properly assess how it was created. (Comment 12.a ¶ 4, The Sedona Principles Addressing Electronic Document Production)
Producing parties and legal counsel should consider if alternative production forms provide sufficient usability so the producing party and the responding party has the same access to functionality. (Comment 12.b ¶ 13(c), The Sedona Principles Addressing Electronic Document Production)
Producing parties and legal counsel should consider the relative costs and burdens for the proposed production form, including the costs of preproduction review, processing, and production. (Comment 12.b ¶ 13(d), The Sedona Principles Addressing Electronic Document Production)
The responding party may object to the requested production form and must state the reasons for the objection, if the requesting party specifies a form. (Comment 12.c ¶ 2, The Sedona Principles Addressing Electronic Document Production)
The responding party must state the form that it intends to use to produce the Electronically Stored Information, regardless if the requesting party does not request a preferred production form or the responding party objects to the requested form. (Comment 12.c ¶ 2, The Sedona Principles Addressing Electronic Document Production)
The responding party must produce Electronically Stored Information in either a form that is "reasonably usable" or the form "in which it is ordinarily maintained", absent party agreement or a court order stating otherwise. (Comment 12.c ¶ 3, The Sedona Principles Addressing Electronic Document Production)
The responding party should bear the reasonable costs of retrieving and reviewing Electronically Stored Information, unless the information is not reasonably available in the ordinary course of business, in which case the costs may be shared or shifted to the requesting party. (Prin. 13, The Sedona Principles Addressing Electronic Document Production)
The cost-shifting factors for producing burdensome Electronically Stored Information (whether reasonably available or accessible or not) should include the following (in order of importance): if the information is reasonably accessible absent undue cost or burden; the extent that the request is spec… (Comment 13.a ¶ 4, The Sedona Principles Addressing Electronic Document Production)
Rule 34 addresses the litigant's request and the obligation of the organization to determine the scope of its discovery obligations. It also discusses the notice requirements. (R34, Federal Rules of Civil Procedure (2007))
