Native File | Practical Law

Native File | Practical Law

Native File

Native File

Practical Law Glossary Item 9-521-0041 (Approx. 3 pages)

Glossary

Native File

In e-discovery, electronically stored information (ESI) that is stored in the form in which it was created. Documents produced natively may only be viewable to those with access to the software application used to create the files.
Some counsel prefer to work with native files because:
  • Native files contain metadata and other information (such as electronic comments or notes, tracked changes, and formulae) that may be lost when files are converted to TIFF or PDF files.
  • Native files preserve dynamic content. For example, if a single slide in a PowerPoint presentation includes a sequence of appearing and vanishing content, images, and video, that sequence will remain intact and be visible in the native file. If converted to a static image (such as a PDF), however, all of the content for that single slide will simultaneously appear in an overlapping and often confusing or illegible display.
  • Converting ESI to a non-native format (such as TIFF or PDF) for review or production can be costly and time consuming.
Some counsel, however, are reluctant to produce native files because of concerns about:
  • Overlooking sensitive or privileged information located in metadata, electronic comments, tracked changes, or formulae.
  • The inability to redact content in a native file.
  • The ability to Bates Number or otherwise reliably organize and label produced documents.
  • The receiving party's ability to manipulate the content of native files.
For more information about native productions, see Practice Note, The Case for Native Production.