The Sedona Conference® (TSC) has announced its Technical Specifications for the Production of Electronically Stored Information for public comment!
The Specifications is a project of The Sedona Conference Technology Resource Panel (TRP), the mission of which is to provide input to Sedona’s multiple Working Groups when they are working on an issue involving the use of technology or services provided by legal technology or electronic information governance service providers, and to help create tools and solutions that will benefit the entire marketplace.
TRP was formed in the belief that well-informed parties, speaking the same language, will ultimately lead to productive negotiations that reduce transaction costs for all parties while providing greater predictability and higher quality output. TRP consists of two halves: a “User Group,” whose members regularly negotiate and work with service providers; and a panel of service provider members, who have agreed to work with the User Group’s output, and who provide input along the way. TRP’s flagship publication, The Sedona Conference Glossary: Discovery & Digital Information Management, is now in its sixth edition, and is The Sedona Conference’s most-cited publication. The Specifications is a logical extension of the Glossary and shares the same goal of providing parties with a common groundwork for negotiation.
Great idea!
The Technical Specifications for the Production of ESI (available for download here) contains two sections, plus a very important appendix. It starts with a three-and-a-half-page Introduction, followed by the core of the document: the Technical Production Specifications. Those technical production specifications (from mid page 4 through page 22) are intended to be used by the parties to produce paper (yes, paper!) and ESI. Some notable takeaways:
- Standardization of Logistics: The specifications offer a common language and templated options for production formats, intended to expedite compliance with the Federal Rules of Civil Procedure.
- Flexibility in Format: Parties may choose between Native, Image, or Hybrid production formats based on their specific review tools and the nature of the data.
- Emphasis on Cooperation: Early agreement on technical specifications is vital because parties are generally not required to produce documents in more than one form; a “do-over” is rarely granted if the initial production is usable but not optimal.
- Addressing “Other Forms of ESI”: The guidelines provide specific protocols for modern ESI sources, including short messaging applications, social media, structured databases, and hyperlinked documents.
- Metadata Fidelity: Comprehensive metadata exchange is supported through standardized load files to maintain the integrity and searchability of produced information.
The primary guidelines for structured data were for the parties to “meet and confer regarding methods and format of production”. As for hyperlinked files, the Specifications made it clear that “this paper makes no commentary on whether linked documents should or can be produced.” But, if they are to be produced, options include:
- Cross-reference file: Produce a list linking the parent Bates number to the Bates numbers of hyperlinked files – at least that way, you can find them.
- Treat as Attachments: Producing hyperlinked files where linked files immediately follow the parent and are addressed in the metadata fields.
What they don’t address: AI-generated forms of ESI. While I understand that this is an area with a lot of unknowns, this seems like an appropriate place – and the team to do it – to set some guidelines.
The remainder of the Specifications is Appendix A, which is the proposed table of Metadata Fields for Production. It provides columns for Field Name, Field Description, Field Type (e.g., Note Text, Multi-Entry) and ESI Type (e.g., Paper, Email, Non-Email, Social Media, Messaging Apps).
The Technical Specifications for the Production of Electronically Stored Information is open for public comment through October 16, 2026. Questions and comments may be sent to comments@sedonaconference.org. As always, the drafting team will carefully consider all comments received, and determine what edits are appropriate for the final version.
A webinar on the Specifications will be held and will be announced soon. Stay tuned.
So, what do you think? Will you consider using the Technical Specifications for the Production of ESI? Please share any comments you might have or if you’d like to know more about a particular topic.
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