Common use of Search methodology Clause in Contracts

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources (including custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the search methodology. 5 a. Prior to running searches: 6 i. The producing party shall disclose the data sources (including 7 custodians), search terms and queries, any file type and date restrictions, and any other 8 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The producing party may provide unique 11 hit counts for each search query. 12 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 producing party absent a showing of good cause or agreement of the parties. 15 iii. The following provisions apply to search terms / queries of the 16 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 as product and company names, generally should be avoided. A conjunctive combination of 18 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 term unless they are variants of the same word. The producing party may identify each search 22 term or query returning overbroad results demonstrating the overbroad results and a counter 23 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement 8 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including 9 custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such 10 effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the 11 search methodology. 5 12 a. Prior to running searches: 6 13 i. The producing party shall disclose the data sources (including 7 14 custodians), search terms and queries, any file type and date restrictions, and any other 8 15 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 16 information. The producing party may provide unique 11 hit counts for each search query. 12 17 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s After disclosure, add no more than 10 search the parties will engage in a meet and confer 18 process regarding additional terms or queries to those disclosed sought by the 14 non-producing party absent a showing of good cause or agreement of the partiesparty. 15 19 iii. The following provisions apply to search terms / queries of the 16 requesting 20 non-producing party. Focused terms and queries should be employed; broad terms or queriesqueries 21 without appropriate limiting parameters, such 17 as product and company namesnames standing alone, 22 generally should be avoided. A conjunctive combination of 18 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 term unless they are variants of the same word. The producing party may identify each search 22 term or query 23 returning overbroad results demonstrating the overbroad results and provide a counter 23 counter-proposal correcting the overbroad search or 24 STORED INFORMATION AND [PROPOSED] ORDER PAGE - 3 26 (Case No. 2:23-CV-01468-JCC) 1 query. A For the avoidance of doubt, nothing herein shall obligate the producing party to adopt 2 without modification any search term proposed by the non-producing party. 3 b. Upon reasonable request, a party shall disclose information relating to its 4 network design, types of databases, database dictionaries, the access control list and security 5 access logs and rights of individuals to access the system and specific files and applications, the 6 ESI document retention policy, an organizational chart for information systems personnel, or the 7 backup and systems recovery routines, including, but not limited to, tape rotation and 8 destruction/overwrite policy, in each case if and to the extent that returns more than 400 unique 24 documentssuch information exists, excluding families is presumed 9 reasonably accessible and not unduly burdensome to be overbroad. 25retrieve and/or provide, is relevant and is 10 not privileged.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer in good faith to 1 attempt to 23 reach agreement on appropriate search terms and queries, file type and date restrictions, 2 data 24 sources (including custodians), custodial data sources, and non-custodial data sources) that may be 25 used to identify responsive documents and ESI, and other appropriate computer- or technology-technology- 26 aided 3 methodologies, before any such effort is undertaken. The parties shall continue to cooperate 27 in 4 revising the appropriateness of the proposed search methodologymethodology and if an impasse is reached 1 will promptly present any discovery dispute to the Court, but in all events no later than 120 days 2 prior to the substantial completion deadline. 5 3 a. Prior to running searches: 6 4 i. The producing party shall initially disclose the data sources 5 (including 7 custodians, custodial data sources, and non-custodial data sources), search terms and 6 queries, any file type and date restrictions, and any other 8 methodology (including computer- or 7 technology aided methodologies) that it proposes to use to locate ESI likely to contain responsive 8 and discoverable information by July 28, 2023, or along with the party's responses and objections 9 informationto initial document requests propounded by the requesting party, whichever occurs later. 10 ii. If To the extent search terms were not usedare proposed, the producing party shall, 11 provide a party list of proposed search terms that it believes would lead to the identification of responsive 12 documents and ESI. To the extent reasonably possible, search terms shall disclose the search methodology used be crafted to 10 locate ESI include 13 relevant terminology, synonyms, nicknames, code words, euphemisms, acronyms, slang, terms of 14 art, and other language reasonably likely to contain discoverable information. The producing party may provide unique 11 hit counts for each be contained in responsive documents, and variations 15 on search querysyntax (e.g., wild card characters, truncation, stem words, fuzzy logic, and proximity 16 terms or connectors). 12 ii17 iii. The requesting party is entitled tomay also request additional search terms be 18 utilized in the identification of responsive documents and ESI, and provide these additional search 19 terms within 14 days one week of receipt of the producing 13 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 producing party absent a showing of good cause or agreement of the parties. 15 iii. The following provisions apply to search terms / queries of the 16 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 as product and company names, generally should be avoided. A conjunctive combination of 18 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 term unless they are variants of the same wordproposals. The producing 20 party may identify each agrees to consider in good faith the additional search 22 term or query returning overbroad results demonstrating terms requested by the overbroad results and a counter 23 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25requesting party.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement 5 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including 6 custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such 7 effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the 8 search methodology. 5 9 a. Prior to running searches: 6 10 i. The producing party shall disclose the data sources (including 7 11 custodians), search terms and queries, any file type and date restrictions, and any other 8 12 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 13 information. The producing party may provide unique 11 hit counts for each search query. 12 14 ii. The requesting party is entitled to, within 14 days of the producing 13 15 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 16 producing party absent a showing of good cause or agreement of the parties. 15 17 iii. The following provisions apply to search terms / queries of the 16 18 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 19 as product and company names, generally should be avoided. A conjunctive combination of 18 20 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 21 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 22 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 23 term unless they are variants of the same word. The producing party may identify each search 22 24 25 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER PAGE - 3 26 (Case No. 3:18-CV-05275-RBL) 1 term or query returning overbroad results demonstrating the overbroad results and a counter 23 2 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement 2 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including custodians), and 3 other appropriate computer- or technology-aided 3 methodologies, before any such effort is 4 undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the search 5 methodology. 5 6 a. Prior to running searches: 6 7 i. The producing party shall disclose the data sources (including 7 8 custodians), search terms and queries, any file type and date restrictions, and any other 8 methodology that it 9 proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The 10 producing party may provide unique 11 hit counts for each search query. 12 11 ii. The requesting party is entitled to, within 14 days of the producing 13 12 party’s disclosure, add no more than 10 5 search terms or queries to those disclosed by the 14 producing 13 party absent a showing of good cause or agreement of the parties. 15 14 iii. The following provisions apply to search terms / queries of the 16 15 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 16 as product and company names, generally should be avoided. A conjunctive combination of 18 17 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 18 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 19 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 20 term unless they are variants of the same word. The producing party may identify each search 22 21 term or query returning overbroad results demonstrating the overbroad results and a counter 23 22 proposal correcting the overbroad search or query. A If a Party believes a search that returns more than 400 unique 24 documentsan 23 26 (C21-539 TSZ) 1 overbroad or burdensome number of hits, excluding families is presumed the Parties will meet and confer in good faith to discuss 2 how to refine the search so as to not be overbroad. 25overbroad or burdensome.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach 22 agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources 23 (including custodians), and other appropriate computer- or technology-aided 3 methodologies, 24 before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the 25 appropriateness of the search methodology.. 26 5 1 a. Prior to running searches: 6 2 i. The producing party shall disclose the data sources (including 7 3 custodians), search terms and queries, any file type and date restrictions, and any other 8 4 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 5 information. The producing party may provide unique 11 hit counts for each search query. 12 6 ii. The requesting party is entitled to, within 14 days of the 7 producing 13 party’s disclosure, add no more than 10 search terms or queries to those disclosed 8 by the 14 producing party absent a showing of good cause or agreement of the parties. 15 9 iii. The following provisions apply to search terms / queries of the 16 10 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 11 as product and company names, generally should be avoided. A conjunctive combination of 18 12 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count 13 as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., 14 “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a 15 separate search 21 term unless they are variants of the same word. The producing party may 16 identify each search 22 term or query returning overbroad results demonstrating the overbroad 17 results and a counter 23 proposal correcting the overbroad search or query. A search that returns 18 more than 400 unique 24 documents250 megabytes of data, excluding families Microsoft PowerPoint files, audio files, and 19 similarly large file types, is presumed to be overbroad. 25. 20 b. After production: Within 21 days of the producing party notifying the 21 receiving party that it has substantially completed the production of documents responsive to 22 a request, the responding party may request no more than 10 additional search terms or queries.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement 2 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including 3 custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such 4 effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the 5 search methodology. 5 6 a. Prior to running searches: 6 7 i. The producing party shall disclose the data sources (including 7 8 custodians), search terms and queries, any file type and date restrictions, and any other 8 9 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The producing party may provide unique 11 hit counts for each search query. 12 11 ii. The requesting party is entitled to, within 14 days of the producing 13 12 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 13 producing party absent a showing of good cause or agreement of the parties. 15 14 iii. The following provisions apply to search terms / queries of the 16 15 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 16 as product and company names, generally should be avoided. A conjunctive combination of 18 17 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 18 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 19 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 20 term unless they are variants of the same word. The producing party may identify each search 22 21 term or query returning overbroad results demonstrating the overbroad results and a counter 23 22 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25250 megabytes 23 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach 21 agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources 22 (including custodians), and other appropriate computer- or technology-aided 3 methodologies, 23 before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the 24 appropriateness of the search methodology. 5 25 a. Prior to running searches: 6 26 i. The producing party shall disclose the data sources (including 7 custodians), search terms and queries, any file type and date restrictions, and any other 8 1 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 2 information. The producing party may provide unique 11 hit counts for each search query. 12 3 ii. The requesting party is entitled to, within 14 days of the producing 13 4 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 5 producing party absent a showing of good cause or agreement of the parties. 15 6 iii. The following provisions apply to search terms / queries of the 16 7 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 8 as product and company names, generally should be avoided. A conjunctive combination of 18 9 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 10 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 11 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 12 term unless they are variants of the same word. The producing party may identify each search 22 13 term or query returning overbroad results demonstrating the overbroad results and a counter 23 14 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents250 15 megabytes of data, excluding families Microsoft PowerPoint files, audio files, and similarly large file 16 types, is presumed to be overbroad. 25. 17 b. After production: Within 21 days of the producing party notifying the 18 receiving party that it has substantially completed the production of documents responsive to a 19 request, the responding party may request no more than 10 additional search terms or queries.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer have conferred to 1 attempt to reach agreement on 2 appropriate search terms and queries, file type and date restrictions, 2 data sources (including 3 custodians), and other appropriate computer- or technology-aided 3 methodologies, before any 4 such effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness 5 of the search methodology. 5 6 a. Prior to running searches: 6 7 i. The producing party shall disclose the data sources (including 7 custodians), 8 search terms and queries, any file type and date restrictions, and any other 8 methodology that it 9 proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The 10 producing party may provide unique 11 hit counts for each search query. 12 11 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s 12 disclosure, add no more than 10 25 search terms or queries to those disclosed by the 14 producing party 13 absent a showing of good cause or agreement of the parties. 15 14 iii. The following provisions apply to search terms / queries of the 16 requesting 15 party. Focused terms and queries should be employed; broad terms or queries, such 17 as product 16 and company names, generally should be avoided. A conjunctive combination of 18 multiple words 17 or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search 18 term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) 19 broadens the search, and thus each word or phrase shall count as a separate search 21 term unless 20 they are variants of the same word. The producing party may identify each search 22 term or query 21 returning overbroad results demonstrating the overbroad results and a counter 23 proposal 22 correcting the overbroad search or query. A search . 1 b. After production: Within 21 days of the producing party notifying the receiving 2 party that returns it has substantially completed the production of documents responsive to a request, the 3 responding party may request no more than 400 unique 24 documents10 additional search terms or queries. The 4 immediately preceding section (Section C(2)(a)(iii)) applies. 5 c. Upon reasonable request, excluding families is presumed a party shall disclose information relating to be overbroad. 25their ESI 6 document retention policy.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach 11 agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources 12 (including custodians), and other appropriate computer- or technology-aided 3 methodologies, 13 before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the search methodology. 5 16 a. Prior to running searches: 6 17 i. The producing party shall disclose the data sources (including 7 18 custodians), search terms and queries, any file type and date restrictions, and any other 8 19 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 20 information. The producing party may will provide unique 11 a hit counts count for each search term, search string, 21 or query. 12 ii. The requesting party is entitled to, within 14 days of and the producing 13 party’s disclosureparties will reach an agreement on the search terms, add no more than 10 search terms strings, or queries to be used before the producing party produces documents hitting on those disclosed search terms, 24 search strings, or queries. 25 ii. After disclosure, if the requesting party believes, in good faith, 26 that the search terms, search strings, or queries agreed to by the 14 producing party absent a showing of good cause parties pursuant to Section 1 C(2)(a) are insufficient, the parties shall meet and confer in order to reach an agreement on 2 additional search terms, search strings, or agreement of the partiesqueries and/or other methodology. 15 3 iii. The following provisions apply to search terms / queries of the 16 4 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 5 as product and company names, generally should be avoided. A conjunctive combination of 18 6 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 a single search term. A disjunctive combination of multiple words or phrases (e.g., 9 “computer” 20 or “system”) broadens the search, and thus each word or phrase shall count as a 10 separate search 21 term unless they are variants of the same word. The producing party may 11 identify each search 22 term or query returning overbroad results demonstrating the overbroad 12 results and a counter 23 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 2513

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall will timely confer to 1 attempt to reach agreement 2 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including 3 custodians), processes for handling records and documents containing Protected Health 4 Information, and other appropriate computer- or technology-aided 3 methodologies, before any 5 such effort is undertaken. The parties shall will continue to cooperate in 4 revising the appropriateness 6 of the search methodology.. 7 5 a. Prior to running searches: 6 9 i. The producing party shall will disclose the data sources (including 7 custodians), search 10 terms and queries, any file type and date restrictions, and any other 8 methodology that it proposes 11 to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable information. The producing 12 party may provide unique 11 hit counts for each search query. 12 13 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s 14 disclosure, add no more than 10 15 search terms or queries to those disclosed by the 14 producing party absent a showing of good cause or agreement of the parties. 15 17 iii. The following provisions apply to search terms / terms/queries of the 16 requesting party. 18 Focused terms and queries should be employed; broad terms or queries, such 17 as product and 19 company names, generally should be avoided. A conjunctive combination of 18 multiple words or 20 phrases (e.g., “computer” and “system”) narrows the search and shall will count as 19 a single search term. . 21 A disjunctive combination of multiple words or phrases (e.g., “computer” 20 or “system”) broadens the search, and thus each word 22 or phrase shall will count as a separate search 21 term unless they are variants of related to the same wordcategory of documents and records sought (e.g., a search attempting to identify “banking” or “checking” 25 records). The producing party may identify each search 22 term or query returning overbroad results 26 demonstrating the overbroad results and a counter 23 proposal correcting the overbroad search or 27 query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach agreement 6 on appropriate search terms and queries, file type and date restrictions, 2 data sources (including 7 custodians), and other appropriate computer- or technology-aided 3 methodologies, before any such 8 effort is undertaken. The parties shall continue to cooperate in 4 revising the appropriateness of the 9 search methodology. 5 10 a. Prior to running searches: 6 11 i. The producing party shall disclose the data sources (including 7 12 custodians), search terms and queries, any file type and date restrictions, and any other 8 13 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 14 information. The producing party may provide unique 11 hit counts for each search query. 12 15 ii. The requesting party is entitled to, within 14 days of the producing 13 16 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 17 producing party absent a showing of good cause or agreement of the parties... 15 18 iii. The following provisions apply to search terms / queries of the 16 19 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 20 as product and company names, generally should be avoided. A conjunctive combination of 18 21 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 22 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 23 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 24 25 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER PAGE - 3 26 (Case No. 2:24-CV-00727-KKE ) 1 term unless they are variants of the same word. The producing party may identify each search 22 2 term or query returning overbroad results demonstrating the overbroad results and a counter 23 3 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25.

Search methodology. The Court presumes that the use of search terms and queries, 24 9 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 10 locate or filter some ESI likely to contain discoverable information. The timelines and search 11 related numbers in this section may be sufficient in certain cases, but not in others. The parties 12 are expected to meet and confer to establish the appropriate timing and terms based on the 13 complexity, proportionality and nature of the case. The parties shall timely confer to 1 attempt to 14 reach agreement on appropriate search terms and queries, file type and date restrictions, 2 data 15 sources (including custodians), and other appropriate computer- or technology-aided 3 16 methodologies, before any such effort is undertaken. The parties shall continue to cooperate in 4 17 revising the appropriateness of the search methodology. 5 18 a. Prior to running searches: 6 19 i. The producing party shall disclose the data sources (including 7 20 custodians), search terms and queries, any file type and date restrictions, and any other 8 21 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 22 information. The producing party may provide unique 11 hit counts for each search query. 24 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER PAGE - 3 25 (Case No. 2:21-CV-00732-BJR) 1 ii. After disclosure, the parties will engage in a meet and confer 2 process regarding additional terms sought by the non-producing party. 12 ii. The requesting party is entitled to, within 14 days of the producing 13 party’s disclosure, add no more than 10 search terms or queries to those disclosed by the 14 producing party absent a showing of good cause or agreement of the parties. 15 3 iii. The following provisions apply to search terms / queries of the 16 4 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 5 as product and company names, generally should be avoided. A conjunctive combination of 18 6 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 7 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 8 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 9 term unless they are variants of the same word. The producing party may identify each search 22 10 term or query returning overbroad results demonstrating the overbroad results and a counter 23 11 proposal correcting the overbroad search or query. A search that returns more than 400 unique 24 documents, excluding families is presumed to be overbroad. 25.

Search methodology. The Court presumes that the use of search terms and queries, 24 file type and date restrictions, and technology-assisted review will be reasonably necessary to 25 locate or filter ESI likely to contain discoverable information. The parties shall timely confer to 1 attempt to reach 25 agreement on appropriate search terms and queries, file type and date restrictions, 2 data sources 26 (including custodians), and other appropriate computer- or technology-aided 3 methodologies, 1 before any such effort is undertaken. The parties shall continue to cooperate in 4 revising the 2 appropriateness of the search methodology. 5 3 a. Prior to running searches: 6 4 i. The producing party shall disclose the data sources (including 7 5 custodians), search terms and queries, any file type and date restrictions, and any other 8 6 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 9 information. If search terms were not used, a party shall disclose the search methodology used to 10 locate ESI likely to contain discoverable 7 information. The producing party may provide unique 11 hit counts for each search query. 12 8 ii. The requesting party is entitled to, within 14 days of the 9 producing 13 party’s disclosure, add no more than 10 33 search terms or queries to those disclosed by 10 the 14 producing party absent a showing of good cause or agreement of the parties. 15 11 iii. The following provisions apply to search terms / queries of the 16 12 requesting party. Focused terms and queries should be employed; broad terms or queries, such 17 13 as product and company names, generally should be avoided. A conjunctive combination of 18 14 multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as 19 15 a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” 20 16 or “system”) broadens the search, and thus each word or phrase shall count as a separate search 21 17 term unless they are variants of the same word. The producing party may identify each search 22 18 term or query returning overbroad results demonstrating the overbroad results and a counter 23 19 proposal correcting the overbroad search or query. A search . 20 b. After production: Within 21 days of the producing party notifying the 21 receiving party that returns it has substantially completed the production of documents responsive to a 22 request, the responding party may request no more than 400 unique 24 documents, excluding families is presumed to be overbroad. 2533 additional search terms or queries.