What can a subpoena specify regarding electronically stored information (ESI)?

A subpoena can indeed specify the form in which electronic stored information should be produced. This is crucial because ESI can exist in various formats, such as emails, documents, spreadsheets, or databases. Clearly stating the desired format helps ensure that the information is presented in a way that is usable and relevant to the case. For example, a subpoena may request that documents be produced in their native format, which could include specific software metadata, or as PDFs for easier sharing.

Providing clarity on the format aids in reducing disputes over how the information should be provided, which can be common when dealing with ESI. It also helps the recipient of the subpoena to understand the expectations and prepare the information accordingly. This detail is especially important given the complex nature and varying formats of electronic information, which may not be easily interchangeable.