E-discovery Sample Interrogatories

Interrogatories Regarding E-mail Systems

1 . Describe all e-mail software presently and previously used by you and the dates of use, including
but not limited to the name of the software, and the version number in use during the relevant
time period of this litigation.

2 . List all servers that are currently used or have been used for the e-mail system including the
server name, dates of use, and the dates of its use as an e-mail server during the relevant time
period of this litigation.

3 . List any specific type of hardware that was used, during the relevant time period of this
litigation, as terminals into the e-mail system (including laptops, desktops, cell phones, personal
digital assistants) and its current location.

4 . Identify all past and current users on each e-mail system, during the relevant time period of this
litigation, and the location of each user’s mail files.

5 . State whether the e-mail is encrypted in any way and list passwords for all past and current users
during the relevant time period of this litigation.

6 . Identify all past and current users known to you who have generated e-mail related to the subject
matter(s) of this litigation during.

7 . Identify all e-mail known to you that relates to, references or is relevant to the subject matter of
this litigation, including but not limited to, date, recipient(s) and authors.

8 . Identify all past and current persons responsible for administering the e-mail system(s) during the
relevant time period of this litigation.

9 . Identify any mailboxes that have been restored from backup tape during the relevant time
period of this litigation, and provide the name of the mailbox restored, the size of the mailbox
restored, the resources required to perform the restoration in terms of labor hours, equipment, and
drive space.

Interrogatories Regarding Computer Systems

10. State whether deletion utility programs are used on computer, during the relevant time period of
this litigation, including but not limited to the name of the program(s) and the dates the program
was used to permanently delete files.

1 1. State whether any computer hardware has been upgraded during the relevant time period of this
litigation, and describe the type of upgrade and whether the replaced parts were retained.

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 1 4. Identify any hard drives that were erased or reformatted for new users during the relevant time
period of this litigation, and whether they are backed up before the new user receives
the computer.

1 5. For each of the individuals listed below, provide a detailed description of their computer
system(s) used during the relevant time period of this litigation, including but not limited to: the
brand and model of any desktop and laptop computers, personal digital assistants, cellular phones,
and voice mail equipment. Include this information for any of the above-mentioned devices if
they are used at home for business purposes.

1 6. For each of the individuals listed below, provide a detailed description of all software installed on
any desktop and laptop computers, personal digital assistants, cellular phones, and voice mail
equipment during the relevant time period of this litigation including, but not limited to: the brand
and version, the operating system, any custom or commercial applications, and shareware.
Include information on any of the above-mentioned software if it is used at home for
business purposes.

1 7. For each of the individuals listed below, identify their communications capability during the
relevant time period of this litigation, including, but not limited to: terminal to mainframe
emulation, data download and/or upload capability to mainframe, and computer to computer
connections via a network, modem and/or direct connection of any desktop or laptop computers,
PDAs, cellular phones and voice mail equipment. Please include information on any of the
above-mentioned individuals if any of these devices are used at home for business purposes.

1 8. Describe each computer network that was in use during the relevant time period of this litigation.
Your description should include, but is not limited to: the brand and version number of the net
work operating system currently or previously in use including the dates of all upgrades; the
quantity and configuration of all network servers and workstations currently or previously in use;
and the brand name and version number of all applications and other software residing on each
network in use, including but not limited to electronic mail and applications.

1 9. Identify the current and present persons responsible for the ongoing operations, maintenance,
expansion, archiving and upkeep of the network.

2 0. Describe in detail the connectivity and interface between the computer system of _____________
at ______________ and the computer system at _______________ in __________________
including a description of the following: all possible ways in which electronic data is shared
between locations; the method of transmission; the type(s) of data transferred; the names of all
individuals possessing the capability for such transfer, including list and names of authorized
outside users of the mail system; the individual responsible for supervising inter-connectivity.

2 1. Describe the layout of the computer system, during the relevant time period of this litigation,
including but not limited to, the number and types of computers, how or if they are networked,
and the type(s) of operating system(s) and application software packages used.

2 2. Identify the following attributes of each mini- and mainframe computer system used in the
organization, during the relevant time period of this litigation: brand and version number of the

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 operating system in use; identity of the person(s) responsible for the ongoing operation,
maintenance, expansion and upkeep of the mini- and/or mainframe system; name and description
of function of all application and other software residing on the network, including, but not
limited to electronic mail applications.

2 3. Describe in detail all inter-connectivity between ________________ and __________________.

This description should include all possible ways in which electronic data is shared between
organizations, the method of transmission, type(s) of data transferred and the names of all
individuals possessing the capability for such transfer, including lists and names of authorized
outside users of the [producing party’s] electronic mail system.

2 4. Provide the name, employer, title, business, address, home address and telephone numbers of
each person with operational maintenance responsibility for the day-to-day operations of
plaintiffs computer systems, hardware, and software during the relevant time period of
this litigation.

Interrogatories Regarding Backup

25. Provide the name, employer, title, business address, home address and telephone numbers of each
person responsible for the day-to-day tasks of backing up files and archiving files and data on the
plaintiffs computer systems during the relevant time period of this litigation.

2 6. Identify all procedures and devices used to back up all software and data, during the relevant time
period of this litigation, including but not limited to: the name(s) of backup software used, the
frequency of the backup process, tape rotation schedule, type of tape backup drives, including
name and version number; and the type of media (i.e., DLT, 4mm, 8mm, AIT).

2 7. State the capacity and total amount of information stored on each tape, created during the relevant
time period of this litigation, as a result of any data back-up procedures performed on all
computer systems.

28. Describe the tape or backup rotation and explain how backup data is maintained and state whether
the backups are full, incremental or differential (attach a copy of all rotation schedules).

29. Who is the individual(s) who conducts the backup and the individual who supervises this process?

3 0. Provide a detailed list of all backup tapes, regardless of the magnetic media on which they reside,
showing current location, custodian, date of backup, a description of backup content and a full
inventory of all archives.

3 1. Identify all non-routine backups applicable for any servers identified in response to these
interrogatories, such as quarterly archival backup and yearly backups, and identify the current
location of any such backups.

3 2. If the hard drive of any server, workstation, notebook/laptop/desktop PC (for home or work use),
or any storage device or media, has been “wiped clean” or reformatted so that the information on
the hard drive, storage device, or media is permanently destroyed, please provide: the date on
which each drive was “wiped clean” and the method or program used (e.g., WipeDisk, WipeFile,
BurnIt, Data Eraser, etc.).

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 3 3. Identify any users who had backup systems for/with their laptop or desktop computers, including
personal equipment used for business purposes, and describe the nature of the backup.

3 4. Who is responsible for maintaining the schedule of redeployment or circulation of

existing equipment?

35. Describe the system or process for redeployment of existing equipment.

3 6. Identify any data that has been deleted, physically destroyed, discarded, damaged (physically or
logically), or overwritten, whether pursuant to a document retention policy or otherwise, since the
commencement of this litigation. Specifically identify those documents that relate to or reference
the subject matter of the above referenced litigation.

3 7. Identify and describe all backup tapes in your possession including: types and number of tapes in
your possession (such as DLT, AIT, Mammoth, 4mm, 8mm); capacity (bytes) and total amount of
information (bytes) stored on each tape; all tapes that have been reinitialized or overwritten since
commencement of this litigation and state the date of said occurrence.

3 8. Is backup storage media kept off-site? If so, provide a list and the location of such media kept and
describe the process for archiving and retrieving off-site media.

3 9. Is backup storage media kept on-site? If so, provide a list and the location of such media kept and
describe the process for archiving and retrieving on-site media;

4 0. Identify and describe the criteria and methodology used to select the information to be backed up.

Interrogatories Regarding Document Retention Policy & Collection

41. Identify and attach any and all versions of document/data retention policies used by
_______________ during the relevant time period of this litigation.

4 2. Identify documents or classes of documents that were subject to scheduled destruction. Attach
copies of document destruction inventories/logs/schedules containing documents relevant to this
action. Attach a copy of any disaster recovery plan. Also state: the date, if any, of the suspension
of this policy in toto or any aspect of said policy in response to this litigation; a description by
topic, creation date, user or bytes of any and all data that have been deleted or in any way
destroyed after the commencement of this litigation.

4 3. State whether the deletion or destruction of any data pursuant to said data retention policy
occurred through automation or by user action.

4 4. Was there a companywide instruction regarding the suspension of said data retention/destruction
policy that occurred after or was related to the commencement of this litigation? If so, identify the
individual responsible for enforcing said suspension.
45. Describe all efforts taken since the filing of this action to gather and secure documents, including
but not limited to: electronically generated or stored word processing files, electronic mail, and
backup copies of information that may be discoverable or lead to the discovery of admissible

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 evidence.

4 6. Describe all record retention and destruction policies and procedures followed during the relevant
period of time, including, but not limited, to the date the policy was adopted, the types of
documents covered in the respective retention period, the frequency of document destruction,
whether any record is kept of what documents are destroyed, the manner the policy has been
communicated to your employees and the identity of all employees with responsibility of
implementing and executing such policies.

Sample Electronic Data Discovery Document Requests

47. All documents which constitute, refer or relate to written policies, procedures and guidelines as
they relate to computers, computer systems, electronic data, electronic documents and electronic
media during the relevant time period of this litigation.

4 8. All documents which constitute, refer or relate to any past or corporate policies concerning
employee use of company computers, cell phones, PDAs, and data during the relevant time period
of this litigation.

4 9. All documents which constitute, refer or relate to any past or computer systems used by you
during the relevant time period of this litigation.

5 0. All documents which constitute, refer or relate to any past or backup policies and procedures used
during the relevant time period of this litigation.

5 1. All documents which constitute, refer or relate to any past or records retention and destruction
policies and procedures used during the relevant time period of this litigation.

5 2. All documents which constitute, refer or relate to any past or electronic communications systems,
including but not limited to: e-mail, voice mail, text messaging and instant messaging, used
during the relevant time period of this litigation.

5 3. All documents which constitute, refer or relate to any past or backup rotation schedules used
during the relevant time period of this litigation.

5 4. All documents which constitute, refer or relate to any past or archival or backup facilities used
during the relevant time period of this litigation.

5 5. All documents which constitute, refer or relate to any electronic data retention, preservation and
destruction schedules during the relevant time period of this litigation.

5 6. All documents which constitute, refer or relate to any employee use policies of company
computers, data, and other technology during the relevant time period of this litigation.

5 7. All documents which constitute, refer or relate to any file naming conventions, standards,
protocols or policies during the relevant time period of this litigation.

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 5 8. All documents which constitute, refer or relate to any password, encryption, and other security
protocols used during the relevant time period of this litigation.

5 9. All documents which constitute, refer or relate to any diskette, CD, DVD, and other removable
media labeling standards used during the relevant time period of this litigation.

6 0. All documents which constitute, refer or relate to any e-mail storage conventions, including but
not limited to, limitations on mailbox sizes/storage locations, and any schedule and logs for
storage used during the relevant time period of this litigation.

6 1. All documents which constitute, refer or relate to any electronic media deployment, allocation,
and maintenance procedures for new employees, employees, or departed employees used during
the relevant time period of this litigation.

6 2. All documents which constitute, refer or relate to any software and hardware upgrades, including
patches, and the names of the person who conducted the upgrade and the date of the upgrade
during the relevant time period of this litigation.

6 3. All documents which constitute, refer or relate to any personal or home computer usage for
work- related activities during the relevant time period of this litigation.

6 4. All documents which constitute, refer or relate to any organization charts for all Information
Technology or Information Services departments or divisions from during the relevant time
period of this litigation.

6 5. All documents which constitute, refer or relate to any backup tapes containing e-mail and other
electronic data related to this action from during the relevant time period of this litigation.

6 6. All documents which constitute, refer or relate to any exact copies (i.e., bit-by-bit copies) of all
hard drives on the desktop computers, laptop computers, notebook computers, personal digital
assistant computers, servers, and other electronic media related to this action during the relevant
time period of this litigation.

6 7. All documents which constitute, refer or relate to any exact copies of all relevant disks, CDs,
DVDs and other removable media related to this action during the relevant time period of
this litigation.

Sample Electronic Data Discovery Request to Inspect

68. Defendant requests that plaintiff permit defendant to enter plaintiff’s premises located at
____________________ to inspect, test, sample and copy the data, records and files including
e- mail, hard drives, computer memory, other storage devices, backup tapes and any other
computer systems located on said premises.

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