Common use of Search methodology Clause in Contracts

Search methodology. The parties shall timely confer to attempt to reach agreement on appropriate search terms and queries, file type and data restrictions, data sources (including custodians), and other appropriate computer- or technology-aided methodologies, before any such effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search methodology. a. Prior to running searches: i. The producing party shall disclose the data sources (including custodians), search terms and queries, any file type and date restrictions, and any other methodology that it proposes to use to locate ESI likely to contain responsive and discoverable information. The use of search terms will not preclude the use of any methodology or technology- assisted review. The producing party may provide unique hit counts for each search query. ii. After disclosure of custodians, search terms and queries, and methodology, the parties will engage in a meet and confer process regarding additional terms sought by the non-producing party. iii. The following provisions apply to search terms / queries of the requesting party. Focused terms and queries should be employed; broad terms or queries, such as product and company names, generally should be avoided. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a separate search term unless they are variants of the same word. The producing party may identify each search term or query returning overbroad results, demonstrating the overbroad results and making a counter proposal correcting the overbroad search or query. The parties will meet and confer in good faith on any such counter proposals.

Search methodology. [The Court presumes that the use of search terms and queries, file type and date restrictions, and technology-assisted review will be reasonably necessary to locate or filter some ESI likely to contain discoverable information. The timelines and search related numbers in this section may be sufficient in certain cases, but not in others. The parties are expected to meet and confer to establish the appropriate timing and terms based on the complexity, proportionality and nature of the case.] The parties shall timely confer to attempt to reach agreement on appropriate search terms and queries, file type and data date restrictions, data sources (including custodians), and other appropriate computer- or technology-aided methodologies, before any such effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search methodology. a. Prior to running searches: i. The producing party shall disclose the data sources (including custodians), search terms and queries, any file type and date restrictions, and any other methodology that it proposes to use to locate ESI likely to contain responsive and discoverable information. The use of search terms will not preclude the use of any methodology or technology- assisted review. The producing party may provide unique hit counts for each search query. ii. After disclosure of custodians, search terms and queries, and methodologydisclosure, the parties will engage in a meet and confer process regarding additional terms sought by the non-producing party. iii. The following provisions apply to search terms / queries of the requesting party. Focused terms and queries should be employed; broad terms or queries, such as product and company names, generally should be avoided. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a separate search term unless they are variants of the same word. The producing party may identify each search term or query returning overbroad results, results demonstrating the overbroad results and making a counter proposal correcting the overbroad search or query. The parties will meet . c. [Optional] Upon reasonable request, a party shall disclose information relating to network design, the types of databases, database dictionaries, the access control list and confer in good faith on any such counter proposalssecurity access logs and rights of individuals to access the system and specific files and applications, the ESI document retention policy, organizational chart for information systems personnel, or the backup and systems recovery routines, including, but not limited to, tape rotation and destruction/overwrite policy.

Search methodology. [The Court presumes that the use of search terms and queries, file type and date restrictions, and technology-assisted review will be reasonably necessary to locate or filter ESI likely to contain discoverable information. The timelines and search related numbers in this section may be sufficient in certain cases, but not in others. The parties are expected to meet and confer to establish the appropriate timing and numbers based on the complexity, proportionality and nature of the case.] The parties shall timely confer to attempt to reach agreement on appropriate search terms and queries, file type and data date restrictions, data sources (including custodians), and other appropriate computer- or technology-aided methodologies, before any such effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the search methodology. a. Prior to running searches: i. The producing party shall disclose the data sources (including custodians), search terms and queries, any file type and date restrictions, and any other methodology that it proposes to use to locate ESI likely to contain responsive and discoverable information. The use of search terms will not preclude the use of any methodology or technology- assisted review. The producing party may provide unique hit counts for each search query. ii. After disclosure The requesting party is entitled to, within 14 days of custodiansthe producing party’s disclosure, add no more than 10 search terms and queries, and methodology, the parties will engage in a meet and confer process regarding additional terms sought or queries to those disclosed by the non-producing partyparty absent a showing of good cause or agreement of the parties. iii. The following provisions apply to search terms / queries of the requesting party. Focused terms and queries should be employed; broad terms or queries, such as product and company names, generally should be avoided. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a separate search term unless they are variants of the same word. The producing party may identify each search term or query returning overbroad results, results demonstrating the overbroad results and making a counter proposal correcting the overbroad search or query. [The parties will meet following provision is optional and confer in good faith on any such counter proposalsincludes alternative provisions. The parenthetical numbers given are a starting point for the negotiations and are not intended to prejudge the merits of an overbreadth challenge.] [Optional] A search that returns more than [alternative 1] [(250) megabytes of data, excluding Microsoft PowerPoint files, audio files, and similarly large file types] [alternative 2] [(400) unique documents, excluding families], is presumed to be overbroad. b. After production: Within 21 days of the producing party notifying the receiving party that it has substantially completed the production of documents responsive to a request, the responding party may request no more than 10 additional search terms or queries. The immediately preceding section (Section C(2)(a)(iii)) applies. c. [Optional] Upon reasonable request, a party shall disclose information relating to network design, the types of databases, database dictionaries, the access control list and security access logs and rights of individuals to access the system and specific files and applications, the ESI document retention policy, organizational chart for information systems personnel, or the backup and systems recovery routines, including, but not limited to, tape rotation and destruction/overwrite policy.