What is a native file?

It’s one question we hear time and again from many clients – or “Do I really need natives in litigation?” Most litigators have heard that native files are important in modern litigation. However, many ediscovery reviewers never even see or use a native file in their work.

The short answer is that a native file is the true document or file; the original Word document, spreadsheet, or Outlook email as it was found on a computer or device in its native format. An imaged document, as you may have guessed, is merely a rendered image of that native file. An image is an exact copy of the original.

Get to Know Your Native Files in Litigation

• Native files are the actual files from a custodian’s computer, such as Microsoft Word or Excel files, or emails taken directly from an email server.
• Image files are the visual representation of these files, usually in PDF, TIFF or JPEG format.
• If there are paper copies of documents, they are usually scanned to one of these formats as well.

Nextpoint’s processing engine can handle a variety of file types, including native and imaged files. However, we tell our clients to make sure they request a loadfile when accepting evidence from another party regardless of the format.

A loadfile is the file used to import data and identifiers of that data (coded, captured or extracted data from ESI processing) into a database. These load files carry all of the essential information about your data – where it came from, where it resides, and pointers to associated metadata.

While it is common to receive productions with images of files, it is important to request a loadfile with those images so that you can match imaged files to the original, native version. Because you cannot stamp a native file without altering the data, Nextpoint creates a separate XML or CSV file showing a unique document ID to identify and track natives files in litigation.

Best Practices for Handling Native Files

The existing case law and Federal Rules of Evidence demand that evidence in litigation must be kept in a “reasonably usable” format. It is reasonable to expect non-native files in many matters. However, if evidence is challenged or needs to be authenticated, native or “native-like” copies will be necessary.

A reasonably usable format (other than native) should include full metadata for all relevant fields and full text, along with an image showing all hidden information, such as comments and tracked changes. But native files remain the most useful and complete record of your evidence available.

Understanding Native File Exports

Why would one want to produce or receive documents in their native format?

It’s important to keep in mind that native productions are not recommended for most document exchanges. When producing (or receiving) all natives, you risk sending over more metadata than necessary, which in some situations may amount to inadvertent disclosures of information (and the messy data clean up to follow).

Also importantly, native files cannot be Bates stamped on the physical face of the document. If a page of a native file gets separated from the body of the document, there is no easy way to map the page back to its original. With all that said, here are a few instances where exchanging natives may be unavoidable.

You may want to produce and receive documents in their native format if they are specialized file types, such as CAD drawings, medical imagery or proprietary systems. Keeping these documents in their native form rather than having to convert the files to a new format for imaging can save a lot of time and money, and will ensure you maintain full usability in the document exchange.

It is also typical to provide native files for document types that do not image well in a standard 8.5 x 11 “paper” size format, such as Excel spreadsheets, computer programming code, and PowerPoint slides with builds or animations.

There are certain situations where a native export makes particular sense. If you’re working with opposing counsel that are effectively out of your control – Department of Justice lawyers, for example – or if you’re provided with documents resulting from a subpoena – you might be in a position to receive native production files. These are situations where you can’t lock the other side into a particular production format.

Stamping with Native File Exports

If you know you have an upcoming native file export you need to execute, consider how the native files will be stamped. Yep – this might not be at the top of your concerns, but you need to pay attention to it.

Native productions can be stamped in two ways – at the document level or at the page level. Nextpoint requires stamping at the page level because it gives you a reference point as to the page count so if something’s off, you’ll know it immediately.

Redactions in Native File Exports

It goes without saying – you don’t want to provide your opposing counsel with a native document where you have made redactions. This can get tricky. Consider a responsive email that contains an attachment. If the redaction occurs in the email itself, that’s not a problem. You can produce a redacted image of the email along with the attachment in native form. But what if a redaction occurs in the attachment? You’ll need to produce an image of the attachment – AND an image of the original email.

These issues and more are covered in this article from the Nextpoint Help Center.