Legal Discovery Form

LEGAL DISCOVERY FORM

This Legal Discovery Form is executed as of Effective Date: by and between Requesting Party: represented by Counsel: and Responding Party: represented by Counsel: in the matter styled Case No.: before Court: , Jurisdiction: .

RECITALS

WHEREAS, Requesting Party seeks certain discoverable documents, electronically stored information, admissions and interrogatory responses relevant to the claims and defenses in the above-captioned litigation; and

WHEREAS, Responding Party acknowledges an obligation to produce responsive, non-privileged materials and to identify privileged materials, subject to applicable rules of procedure, protective orders, and claims of privilege; and

WHEREAS, the parties wish to set forth mutual understandings and procedural agreements governing the form, timing and scope of discovery to reduce disputes and preserve relevant evidence.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply: "Document(s)" means all writings, drawings, graphs, charts, photographs, sound recordings, images and other data compilations in whatever form produced or reproduced; "ESI" means Electronically Stored Information, including but not limited to email, databases, server logs, metadata and attachments; "Responsive" means relevant to the claims or defenses and proportional to the needs of the case.

2. SCOPE OF REQUESTS

The Requesting Party propounds the following categories of discovery to Responding Party (select applicable categories and complete specifics below):

Interrogatories Requests for Production Requests for Admission Subpoena Duces Tecum Deposition Notices

3. INSTRUCTIONS FOR RESPONSES

Responses shall be made in writing, signed by the responding party or an authorized agent, and shall state with specificity any objections, the grounds therefor, and the extent to which responsive materials are being withheld. An objection shall not constitute a refusal to produce otherwise responsive, non-privileged material.

When documents are produced in part and withheld in part, the producing party shall provide a privilege log that describes the withheld material with sufficient detail to permit the Requesting Party and the Court to assess the claim of privilege or protection without disclosing the privileged content.

4. PRODUCTION OF DOCUMENTS

Unless otherwise agreed, production shall be by category and Bates-stamped with an index identifying the produced range. Electronic files shall be produced with searchable text where feasible and shall include associated metadata reasonably available to the producing party. Redactions shall be narrowly tailored and identified on the privilege log.

Production format (check all applicable):

Paper PDF Native/Original ESI TIFF (image)

5. INTERROGATORIES AND REQUESTS FOR ADMISSION

Interrogatory answers shall be answered separately and fully in writing under oath. Requests for Admission shall be admitted or denied in accordance with the applicable rules; a failure to admit shall include a concise statement of any factual or legal reason for the denial.

6. PRIVILEGE, REDACTION AND WITHHOLDING

Claims of privilege or work product protection must be asserted with particularity. The producing party shall provide a privilege log identifying document date, author, recipient(s), and the basis for the claim of privilege. The parties reserve the right to seek in camera review of withheld materials.

7. PRESERVATION OF EVIDENCE

Each party shall preserve potentially relevant documents, ESI and tangible things and shall take all reasonable steps to prevent alteration, deletion or destruction of relevant information. Routine schedule-based deletion policies shall be suspended for custodians identified as likely to have relevant information.

8. PROTECTIVE ORDER & CONFIDENTIALITY

Materials designated Confidential shall be used only for the prosecution, defense or settlement of this litigation and shall be subject to the terms of any protective order entered by the Court. The designation must be made in good faith and shall include a brief description of the basis for confidentiality.

9. MEET AND CONFER

Prior to filing any discovery motion, the parties shall meet and confer in good faith to attempt to resolve disputes. The meet and confer process shall include at least one telephonic or in-person conference between lead counsel and a documented exchange of positions in writing.

10. COSTS AND EXPENSES

Each party shall bear its own costs of compilation and production unless a court finds that production imposes undue burden or that cost-shifting is appropriate. If cost-shifting is agreed, specify limits or allocation below.

11. CERTIFICATION AND VERIFICATION

The individual signing on behalf of the Responding Party certifies under penalty of perjury that the responses provided are true and correct to the best of their knowledge, information and belief after a reasonable inquiry. The certification shall be executed by an officer, director, managing agent or counsel authorized to make the certification on behalf of the Responding Party.

12. NOTICES

All notices, correspondence and productions required or permitted under this Agreement shall be delivered to counsel of record at the addresses provided below.

13. MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction stated in the caption of this matter without regard to conflict of law principles.

Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the procedures and obligations set forth herein and supersedes all prior understandings, whether written or oral, relating to the subject matter.

Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. No waiver of any provision shall be effective unless executed in writing.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. SIGNATURES

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