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Metadata
Practical Law UK Glossary 1-205-6240 (Approx. 5 pages)
Glossary
Metadata
Data about data.
For cases subject to the disclosure regime in Civil Procedure Rule (CPR) 31, Practice Direction (PD) 31A and PD 31B, see PD 31B.5(7). For cases subject to PD 57AD ("Disclosure in the Business and Property Courts"), see paragraph 1.11 of Appendix 1 to PD 57AD.
For an electronic document, metadata is typically embedded information about the document that is not readily accessible once the native electronic document has been converted into an electronic image or paper document. It may include, for example, the date and time of creation or modification of a word processing file or the author, date, and time of sending an email. Metadata may be created automatically by a computer system or manually by a user. Where copies of disclosed documents are provided in native format, some metadata will be disclosed with each document.
In the context of:
- Civil litigation in England and Wales, where PD 31B applies, PD 31B.33 provides that, save where otherwise agreed or ordered, electronic copies of disclosed documents should be provided in their "Native Format", in a manner which preserves metadata relating to the date of creation of each document. A party requesting disclosure of additional metadata or forensic image copies of disclosed documents (for example, in relation to a dispute over authenticity) must demonstrate that the relevance and materiality of the requested metadata justify the cost and burden of producing it (PD 31B.28). Where PD 57AD applies, PD 57AD.13.1(1) provides that, save where otherwise agreed or ordered, a party shall produce disclosable electronic documents to the other parties by providing electronic copies in the documents' native format, in a manner which preserves metadata.For more information about disclosure of metadata in England and Wales, in the context of the disclosure regime under CPR 31, PD 31A and PD 31B, see Practice note, Disclosure: electronic disclosure: what is it and how do I deal with it?.For a note considering the approach to electronic disclosure under PD 57AD, see Practice note, Disclosure in the B&PCs: electronic disclosure: what is it and how do I deal with it?. For details of our comprehensive materials on the approach to disclosure in the Business and Property Courts see Disclosure in the B&PCs toolkit.
- US civil procedure, a federal court litigant seeking disclosure of metadata and other electronically stored information (ESI) should request its production at the Federal Rules of Civil Procedure (FRCP) Rule 26(f) meet and confer.For more information about requesting metadata in US federal courts, see Standard document, Requesting Parties: Request for the Production of Documents (RFP) (Federal): Drafting Note, Electronically Stored Information.