SAMPLE ORDER GOVERNING TREATMENT OF ELECTRONIC DOCUMENTS
1. Document is defined to include any medium in which information of any description is recorded. This extends to electronic documents, including e-mail and other electronic communications, word-processed documents, and databases. In addition to documents that are readily accessible from computer systems and other electronic devices and media, the definition covers those documents that are stored on servers and back-up systems and electronic documents that have been “deleted.” It also extends to additional information stored and associated with electronic documents known as metadata.
2. The parties should, as soon as practicable, discuss any issues that may arise regarding searches for and the preservation and [disclosure] [production] of electronic documents. This may involve the parties providing information about the categories of electronic documents within their control, the computer systems, electronic devices and media on which any relevant documents may be held, the storage systems maintained by the parties, and their document retention policies. It may be reasonable to search for electronic documents on some or all of the parties’ electronic