Also known as: data compilations · compilation of data
Written by attorneys · grounded in primary & secondary sources — see below
Electronically stored information consisting of organized collections of data in any medium. The information must be obtainable directly or after translation by the responding party into a reasonably usable form.
Dominic Drake's estate sued Valley Regional Hospital after his death. The estate served a request for production seeking electronic health records and medication logs stored in the hospital's combined multipatient database. The hospital objected that the data required custom queries and redactions. The court ordered production because the integrated database qualified as a data compilation that the hospital could translate into a usable electronic format.
Dawson Steel sued Desert Oil for breach of a supply agreement. Dawson offered a subscription analytics report compiling average commodity prices from comparable transactions. A broker testified that industry participants routinely rely on the report. The court admitted the report over hearsay objection because it constituted a data compilation generally relied upon by professionals in the field.
Select any source to read its text and confirm it supports the definition.
No. The rule expressly includes data compilations stored in any medium. A responding party must produce responsive information even when it requires queries or redactions to isolate the relevant portions from a multipatient or multiuser system.
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Yes. When the information cannot be used as maintained, the responding party must translate it into a reasonably usable form such as spreadsheets or readable logs rather than raw machine code or limited screenshots.
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Yes. Electronically stored information includes data compilations in any medium from which information can be obtained. A party cannot avoid production merely because the data exists only in dynamic systems rather than static or printable files.
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No. Market quotations, lists, directories, and similar compilations are admissible under a hearsay exception when a knowledgeable witness establishes that persons in the relevant occupation generally rely on them.
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…Rule 803(8) defines the "public records and reports" which are not excludable, as follows: "Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was…