Federal eDiscovery Stipulated Protocol Template

This template incorporates Sedona Conference best practices and provisions adapted from the Northern District of California and Eastern District of Texas model protocols. Negotiate the protocol during the Rule 26(f) conference and submit it for entry as a stipulated order. Key negotiation points include the scope provisions (custodians, date ranges, data sources), search methodology (search terms versus technology-assisted review), production format (TIFF with load file versus native production), and metadata fields to be produced. The privilege clawback provision should incorporate Federal Rule of Evidence 502(d), which provides the strongest available protection against subject matter waiver in federal court and binds non-parties. Cross-border production provisions are necessary when EU custodian data is involved due to GDPR considerations. Modify the template for case-specific requirements including ephemeral messaging, collaboration platforms (Slack, Teams, Asana), and mobile device collection. Coordinate eDiscovery vendor selection early, since vendor capabilities affect achievable production format and timeline.