Esi Protocol

Draft Court-Ready ESI Protocols in Minutes

14 minutes with CaseMark

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14 minutes with CaseMark

What you'll need

Case Information & Court Orders
Rule 26(f) Conference Materials
Data Landscape Documentation

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's ESI Protocol skill automates the drafting of stipulated electronically stored information protocols for federal litigation. It produces comprehensive, court-ready agreements that govern every phase of the EDRM lifecycle—from preservation and collection through processing, review, and production. Each protocol is grounded in FRCP Rules 26, 34, and 37, the Sedona Principles, and includes robust privilege protections.

Drafting stipulated ESI protocols is one of the most time-intensive tasks in federal litigation. Attorneys must reconcile complex technical requirements with evolving case law, coordinate across multiple parties, and ensure compliance with FRCP rules, local requirements, and judge-specific preferences. A single oversight in preservation scope, production format, or privilege protection can lead to costly discovery disputes and sanctions motions.

CaseMark transforms ESI protocol drafting by analyzing your case information, Rule 26(f) conference materials, and data landscape to generate a complete, court-ready stipulated protocol. The AI follows the EDRM lifecycle to ensure no critical provision is missed—from litigation hold requirements and custodian identification through metadata handling and cost allocation. The result is a professionally structured agreement ready for party review and court entry.

How it works

1. Upload your case information, Rule 26(f) conference materials, and data landscape documentation
2. AI analyzes party agreements, court requirements, and data sources to draft a comprehensive ESI protocol
3. Review and customize each protocol section—preservation, collection, processing, review, and production
4. Export the court-ready stipulated ESI protocol in your preferred format (DOCX, PDF)

What you get

Preamble and Definitions
Preservation Obligations
Identification and Collection Procedures
Processing and Review Standards
Production Specifications and Format Requirements
Privilege Protection and FRE 502(d) Clawback
Cost Allocation and Dispute Resolution
Execution and Court Entry Provisions

What it handles

Generates complete ESI protocols following the EDRM lifecycle from preservation through production
Incorporates FRCP Rules 26, 34, and 37 requirements with Sedona Principles alignment
Includes FRE 502(d) clawback and privilege protection provisions
Defines proportionality limits for custodians, data sources, temporal scope, and subject matter
Produces cost allocation, dispute resolution, and execution provisions ready for court entry
Covers structured and unstructured data, metadata handling, and native vs. image production formats

Required documents

Case Information & Court Orders
Case caption, docket number, party information, scheduling orders, and any judge-specific ESI requirements or local rules
.pdf, .docx
Rule 26(f) Conference Materials
Rule 26(f) conference notes, preliminary party agreements, and meet-and-confer correspondence regarding ESI procedures
.pdf, .docx
Data Landscape Documentation
Data maps, custodian lists, IT infrastructure summaries, retention policies, and data source inventories
.pdf, .docx, .xlsx

Supporting documents

Prior ESI Dispute Correspondence
Any prior correspondence or court orders addressing ESI disputes or issues in the case
.pdf, .docx
E-Discovery Vendor Recommendations
Technical recommendations from e-discovery vendors regarding processing, hosting, or production capabilities
.pdf, .docx
Sample or Precedent ESI Protocols
Previously used ESI protocols or model protocols from the jurisdiction that should inform the draft
.pdf, .docx

Why teams use it

Reduce ESI protocol drafting time from hours or days to minutes while maintaining the precision and completeness courts expect

Ensure compliance with FRCP requirements, Sedona Principles, and local rules through AI-driven analysis of your case-specific inputs

Minimize discovery disputes by producing clear, detailed agreements covering preservation triggers, collection methodology, processing standards, and production specifications

Protect privileged information with built-in FRE 502(d) clawback provisions and comprehensive inadvertent disclosure procedures

Questions

Does the ESI protocol comply with current Federal Rules of Civil Procedure?

Yes. CaseMark drafts protocols anchored to FRCP Rules 26, 34, and 37, incorporating proportionality requirements, meet-and-confer obligations, and the Sedona Principles. The output is structured for entry as a stipulated court order.

Can I customize the protocol for judge-specific or local rule requirements?

Absolutely. CaseMark incorporates any existing scheduling orders, local rules, or judge-specific ESI requirements you provide. You can further customize every section of the generated protocol before finalizing.

Does the protocol include privilege protection provisions?

Yes. CaseMark automatically includes FRE 502(d) clawback provisions, privilege log requirements, and procedures for handling inadvertent disclosure. These provisions are designed to protect both producing and receiving parties.

How does CaseMark handle different production format specifications?

CaseMark generates detailed production specifications covering native files, static images (TIFF/PDF), load files, and metadata fields. The protocol addresses format requirements for different document types including emails, spreadsheets, and databases.

Can I use this for state court e-discovery as well?

While CaseMark's ESI protocol is optimized for federal e-discovery under the FRCP, many state courts follow similar frameworks. You can adapt the generated protocol by uploading applicable state rules and local requirements as part of your case information.

How long does it take to generate a complete ESI protocol?

CaseMark typically generates a comprehensive, court-ready ESI protocol in approximately 14 minutes. Compare that to the hours or days it traditionally takes to draft these complex agreements from scratch or heavily modify templates.