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 31Bapplies, 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.
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.