Planning for a Native Production
In the event you need to produce all documents natively to a receiving party, there are several questions to be thinking about as you get started to ensure you are properly planning for your native production:
- How will load files, emails, redacted, and privileged documents be handled?
- Which files will be produced natively? Audio/video files, Spreadsheets, Email and Office files? All natives unless excluded (e.g. redactions, emails with privileged attachments)?
- Will full email families be produced?
- If producing all natives, will you provide images too? This can help with maintaining consistent Bates ranges/page counts across platforms + ability to provide image in depositions, etc…
- Do you have a clawback agreement in place? Negotiating a clawback agreement in an ESI agreement or order can help protect you in the event there is an inadvertent release of privileged ESI due to a native relationship.
Setting Up for a Native Production
Once you have a good understanding of your production specifications, and are ready to start setting up for your native production, begin under the SETTINGS Export/Exchange tab in the top-navigation.
Here, you will set up several reusable templates for your Endorsement/Bates stamps, Export formatting, and Load Files.
The steps to set up these various templates are outlined below:
First, set up your Endorsement template, which allows you to specify your Bates format.
During set up, you will also specify the file extensions which you would like to receive a native placeholder during the endorsement process.
Outline the following specifications in your Endorsement Template:
- Name your template: An internal point of reference to indicate which template you are selecting when you later submit your Endorsement/Bates stamping request. Ex: ABC Production
- Set your Prefix: The Bates prefix which will be assigned to your documents. Include any underscores, spaces, etc.. Ex: ABC_
- Set your Next Number: The numbering pattern which will be assigned to your production documents in sequential order. Include any leading zeros; recommended 7+ digits. Ex: 0000001.
- The combined result of the above prefix and 'next number' would result in the Bates pattern of ABC_0000001.
- Numbering exceptions: The file extensions which should receive a native placeholder during endorsing. For a native production, numbering may be left blank so that every page of every document is endorsed. However, if your production specifications call for certain file types, such as excels, to receive a native placeholder, please make sure to insert those file extensions here.
- TIP: Entering an asterisk after a file extension will encompass all variations of that extension (e.g. xl* = xl, xls, xlsm, etc...)
- Additional Endorsements: Any language you would like endorsed immediately below the Bates number on any Bates stamped document.
- IMPORTANT: We recommend against inserting CONFIDENTIAL language here. Instead utilize the built in Confidential coding (helps with filtering and searching later).
Once your Endorsement template has been saved, you will then set up your Export template in accordance with your ESI Protocol/production specifications.
Export Templates provide Nextpoint with formatting instructions for how Images, Text, Natives, and load files should be treated during export. For example, do you need PDF images vs. single-page tiff/jpgs? Include or exclude search text files?
Outline the following specifications in your Export Template:
Step 1 - Name Your Template and provide a description (optional)
This is an internal point of reference which will later indicate the export template you are selecting when you initiate any export.
Step 2 - File type selection for Text, Images, Natives
These specifications will be outlined in your ESI protocol or production requests. It is recommended you reference any applicable production specifications agreed upon between parties prior to making selections.
- Text files: If included, will provide receiving party with the search text of each individual document.
- Images: If included, will provide images for all documents in your production export. Options for single page tiff/jpg, png, or PDF available.
- If tiff/jpg is selected, it is recommended to include an Image Load File as it will define document boundaries for the receiving party. In other words, which single page tiffs/jpgs should be pulled and merged into unique documents.
- Include Images, if possible (in conjunction with natives which you will select next). Doing so will help keep Bates ranges consistent and available for use in depositions, as exhibits, etc…
- Original Files in Native Format: If including all natives in your native production, make sure to check No Exceptions. This selection will include all original files in your export, including ones containing redacted content.
IMPORTANT: If your production has any redacted content, you will want to take careful consideration of how you export your production in the next steps. Ultimately, you will want to separate all redacted content AND their families into a secondary folder and use a different export template which doesn’t include natives.
Step 3 - Naming Priority
The data field at the top of the list will indicate how your files will be named upon export. The default naming priority is Bates, but you can drag and drop the data fields if you would like to change the file naming schema.
Example, Bates Numbers is placed at the top of the list with Control Number following. If a document has a Bates assigned at the time of export, it will be named according to its Bates. If a document does not have Bates assigned, the naming format will default to the next naming priority, Control Number.
Step 4 - Load File Template
A load file, in the most simple description, serves as an index to your production deliverable. It is a map of instructions for how the Text, Images and Natives outlined in Step 2 of your Export template can be combined into unique documents, and also outlines key metadata for each of those unique documents.
If your production specifications require a metadata load file to be produced, click Include select the load file format select existing load file template OR click Create New.
TIP: Nextpoint's Production Template encompasses the most common metadata specifications we see. If you select such, and need to make slight modifications for your production, you can do so in the next section, Load File Templates.
If you choose to Create a new Load File Template, you will be brought to a secondary screen to Name your template select/organize the fields to be included in your load file and Save your new load file template.
Once you have verified the above specifications, make sure to SAVE your Export Template.
As noted in Step 4 above in the Export Template set up, you can select specific fields and/or document information to include in your Load File.
Load File Templates are only created as part of the Export Template process. Once created, the same load file template may be referenced by multiple export templates or used to export an index related to a set of search results.
If you need to modify any Load File Template, navigate to SETTINGS Export/Exchange Load File Template Edit.
Preparing Your Production Folders
Once your production templates are set up, you are ready to begin building your production folders.
As you begin to prepare your native production, make sure to consider:
- Privileged Attachments: Consider privileged attachments to otherwise responsive/not privileged emails. If you were to produce the native email, the privileged attachments would be embedded in that native email and thus, the receiving party will have access to those files. These responsive/not privileged emails will need to be produced separately as images only to avoid unintentional disclosure of the privileged attachments.
- Redacted Docs: Consider redacted documents and their family members. In your Export Template, Step 2, when 'No Exceptions' is selected, natives for redacted docs will be exported. If you were to produce the native of a redacted document, all contents covered by the redaction would be disclosed. Therefore, production-ready redacted emails and/or loose documents will need to be produced separately as images only to avoid unintentional disclosure of the redacted content.
- Container Files: If you produce .zip, .pst, .mbox, or other container file natively, the receiving party will have access to all contents of the container, even those withheld from your production (e.g. non-responsive or privileged documents). Therefore, these files should be removed from your native production to avoid unintentional disclosure of the full contents of the container file.
When executing on a native production, you will often want to create at least two folders:
- The first for all production-ready documents.
- The second folder for the subset of production-ready documents which are redacted (+ their associated email family members), and also responsive/not priv emails with privileged attachments.
Go to SETTINGS Folders and click Create New. You can also create your folders via the REVIEW tab or via the Bulk Action modal after you have narrowed your document universe for production.
See more here on the different opportunities to create folders.
- Enter your Folder Name and validate the auto-populated abbreviation/prefix is what you prefer.
- Assign a color to distinguish your folder visually in the database. Perhaps, all production folders are green, etc..
- Select which Folder Category (or categories) your folder should be associated with.
- Click Create to finalize the creation of your folder.
Next, on the REVIEW tab use the FILTERS Work Product Section to find documents marked as:
- Relevancy Status: Responsive
- Privilege Status: Not Privileged
- Bates Status: Bates Not Assigned
Once you have filtered your documents, add them to your production folder by clicking Select All Bulk Actions.
The Bulk Action modal will pop-up.
- Select Add under the Folder action checkbox select your main Production Folder from the drop-down. If you haven't created your production folder yet, you can click Create New Folder here.
- Make your selection as to which related documents should be added to the folder.
- We recommend selecting Email Family. This will ensure documents returned in your filter AND their related family members (Emails + Attachments) will be added to your production folder.
- Make your selection as to the order in which documents should be added to the folder - Family (with no date consideration) or Date & Family (chronological).
- Lastly, click Update to initiate the Bulk Action to add the documents in your Grid View list to your Production Folder.
Once your Production folder is populated, separate any documents which will not be produced natively. See considerations at the top of this section.
To do so, while in the REVIEW tab, you will run a series of FILTERS, and add the returned documents into your secondary folder created earlier.
Redacted Documents: Filter for your main Production folder + Redacted. Select all returning documents click Bulk Actions.
Add to your Non-Native Production folder, making sure to include Email Family related documents.
Emails with Privileged Attachments: Filter for your main Production folder + Privileged. Select all returning documents click Bulk Actions.
Add to your Non-Native Production folder, making sure to include Email Family related documents.
Container Files: Lastly, you may consider searching for folder:"your production folder name" AND file_extension:(pst mbox zip). This will return the most common container files within your production folder to ensure those files and their full contents are not unintentionally produced later.
Remove these container files from your production-ready folder by selecting all click Bulk Actions REMOVE from your Production folder, selecting 'None' for the related document inclusion.
Next, resolve any unintentional coding inconsistencies. These are created when an email family member (parent or attachment) is coded as Responsive-Not Privileged, but a corresponding family member is coded differently.
Review Coding Inconsistencies
Nextpoint makes it easy to check for inconsistencies in your folders. Navigate to the REVIEW tab and locate your newly populated production ready folders. Then, hover over the Coded-Relevancy or Coded-Relevancy progress bar(s) next to your Production folders. Any inconsistent coding (e.g. Non-Responsive, Requires Follow-up, Privileged, or Not Reviewed) will be calculated and hyperlinked for further review.
Click into the inconsistent coding categories and review to either clean up the coding or confirm the inconsistent family coding should stay in tact.
Resolve Coding Inconsistencies
In the below illustration, we are reviewing the 5 Privileged documents in an otherwise responsive/not privileged production-ready folder.
Go through each document family (email + attachments) and clear up any inconsistencies or remove them from this round of production. Are redactions are needed? Do you, in fact, want to exclude this document from production?
Once you have reviewed inconsistencies, make sure to go back to the REVIEW tab and hover over the Coded-Relevancy and Coded-Privilege progress bars. Any verified inconsistently coded documents should be removed from your production folder.
IMPORTANT: Make sure to perform this workflow for both Relevancy and Privilege coding in BOTH of your production folders.
Before endorsing, make sure there is no overlap between your Native and Non-Native production folders. In other words, remove your Non-Native production documents from the main Native Production folder. These will be endorsed and exported separately in the next steps.
Search for your Non-Native production folder (below, folder:"ABC Prod002 (Non-Native)").
Remove these non-native production documents from your main native production folder by Selecting All click Bulk Actions.
In the Bulk Action pop-up, REMOVE from your main Production folder, selecting Email Family for the related document inclusion to ensure families are removed together.
Once the Bulk Action update is complete, there should be no overlap between your two production folders.
Endorsing Your Production
After your production folder preparation is finalized, you're ready to apply Bates numbers to your document images (if including images alongside your production natives).
First, endorse main production folder. In REVIEW tab click three dot menu next to folder Number & Endorse.
NOTE: If do not wish to apply Bates stamps to each page, but you want a Bates number assigned to each page as a control number, you can select 'Number Only'.
In the pop-up, you will be warned if there are any files with zero pages, archive files (pst, mbox), and/or privileged documents in your production folder before you initiate the endorsement.
Verify any warnings, then select your Endorsement Template which you set up earlier, the start number (don't worry about leading zeros, they are there!), and when you are ready, click Endorse.
You will receive an email when the endorsements are complete.
Only once you receive the endorsement complete email, follow the same above steps to endorse your second, non-native production folder. The endorsement template will pick up where the last stamping job left off.
Wait until you receive the second endorsement completion email until you begin exporting.
I need to assign one Bates number per document.
If you need to apply one Bates number per document, please contact your Nextpoint Client Success Director to gain assistance from the Engagement team.
Export and Share Your Production Folders
Lastly, export and share your production folders.
First, export your main production folder. In REVIEW tab click three dot menu next to folder Export.
In the pop-up enter an Export Name select your Native Production Export template set up earlier click Export.
Your export will begin and you will receive an email when the export is complete.
Next, export your second, non-native production folder. Here, you do NOT want to use your Native Production Export Template used in your first export. Instead, you will want to export only images.
Which Export Template do I use?
The Nextpoint Production Export Template is set up to produce tiff/jpg images, with text files, and only natives with a placeholder that DON'T have redactions. You might want to use this Export Template for your Non-Native production, or the PDF Export template.
Either way, we recommend verifying the settings of the template you use before initiating your export. Do this via SETTINGS Export/Exchange Export Template click Edit next to the Export Template you intend to use and verify or update the settings.
Once you have verified the Export template you want to use for your Non-Native Production, in REVIEW tab click three dot menu next to Non-Native Production folder Export.
In the pop-up enter an Export Name select the Export Template you just verified (Reminder: NOT the Native Production Export Template) click Export.
Your export will begin and you will receive an email when the export is complete.
Quality Control Review
After your exports are complete, we recommend first downloading and run a quality control check on each export. Especially the Non-Native production to verify redacted content, native inclusion, etc...
Access your exports via the DATA tab click Exports click on the title/name of the exported volume(s) you would like to review. You will be brought to the Export Details page.
Once you have accessed the applicable Export Details page, download the exported volume(s) by either clicking on the name of each zipped volume OR click "Download All Files" to initiate a download of all ZIP files from that particular export.
These QC steps include, but are not limited to:
- DATA: Check all requested load file types are included. Open CSV to check data included.
- IMAGES: Check images which are expected to have redactions. If you included tiff/jpg images, check Bates range count in the load file matches the number of image files in your IMAGES folder. For example, if the range in your load file is ABC0001 - ABC0100, you expect to find 100 images in the IMAGES folder. If you included PDF images, check number of rows in your load file matches the number of PDF images in your IMAGES folder.
- TEXT: If included, check number of rows in your load file (less the header row) matches the number of text files in your TEXT folder.
- NATIVES: Check all natives are present for main, native production. Check that no, or limited natives are included for the Non-Native production.
Once comfortable with your exports, you can share a download link to the receiving party/parties from your Nextpoint database, or download all volumes and share in your preferred manner.
To Share, from the DATA tab, click Exports click the three-dot menu button to the right of the export and select Share Link.
On the next screen, complete the recipient details and add any notes you’d like to send to the recipient(s).
When you’re done entering recipient details, click the Share button. A confirmation link will pop up to ensure you’re sending the right export to the right recipient(s). Click Share this Export.
The recipient of your export will receive an email indicating that you’ve shared a file with them. They will also see the title of the export, a secure access notification, the download link, and when their access to the export will expire.
If you need further assistance in navigating your Native Production preparation, please contact our support team at firstname.lastname@example.org.