What’s Under the Hood? Navigating Meta-Discovery

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What is meta-discovery?

Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information.

Examples of such requests include:

  • A copy of the party’s document preservation policy
  • A copy of the party’s litigation hold
  • A copy of the party’s document review protocols
  • A description of the process by which data or documents were collected

When is meta-discovery problematic?

While meta-discovery may be relevant in cases where there is a good faith reason to believe that the opposing party has destroyed or covered up information, reflexive requests for meta-discovery drive up discovery costs, cause unnecessary privilege disputes, and start an unnecessary fishing expedition into the sufficiency of a party’s document collection and review methodology.

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