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ESI Protocol Template

eDiscovery Negotiation - Sample Agreements that Illuminate The Scope and Form Of Productions 

An Electronically Stored Information (ESI) Protocol is a negotiated agreement between parties in litigation that governed how relevant electronic documents will be identified, preserved, collected, processed, reviewed and produced among the parties.

With updates and precedent guiding matters forward since 1938, United States Federal Courts use the Federal Rules of Civil Procedure (FRCP) as the applicable rules.   These have been regularly and substantially amended to address new technologies, sources of evidences, and methods of discovery
At the same time, states may determine their own rules - which apply in only in those state courts ... currently, 35 of the 50 states have adopted rules that are based on the FRCP to varying degrees


  • FRCP 1: "Just, Speedy, Inexpensive"
  • Consolidated Sample Agreements provided by DWR from several recent jurisdictions and matter types
  • Webinar a joint project of Digital WarRoom & ACEDs to  serve a broad audience of eDiscovery practitioners 
  • Written and edited by industry thought leaders including Consultant Tom O'Connor and Digital WarRoom Marketing Director Jeremy


Add the free set of recent samples of ESI Agreements to your reference set and make sure you and your team have important information available to support your preparation and negotation during this critical step in the eDiscovery process.


Please also click below to view a one hour ACEDs webinar discussing the ESI Protocol Agreements, presented by industry thought leaders including Tom O'Connor, Bill Gallivan, and Robert Powell.  

Download Sample eDiscovery Agreements



eDiscovery Agreements

Negotiating the Scope and Form of Production



Digital WarRoom - Just. Speedy. Inexpensive


Digital WarRoom offers Do-It-Yourself eDiscovery software solutions with included training for no more than $10/GB/Month. Our eDiscovery tools cover the EDRM from processing through production.

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