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Native format meaning

What does Native format mean?
In legal practice, native format means an electronic document in the same file type and structure in which it was originally created and is ordinarily stored (for example, an .xlsx spreadsheet with formulae, a .msg email, or a database table). In England and Wales it is defined in cpr Practice Direction 31B, para 5(8), as an electronic document stored in the original form in which it was created by a computer software programme; the term continues to be used within the Business and Property Courts disclosure regime. In Scotland, Northern Ireland and Ireland it is a descriptive eDisclosure/eDiscovery term rather than a formal rule-defined concept, and usage is broadly consistent. Key legal features and practical significance: native format preserves metadata, hidden content and functionality (such as formulae, pivot tables, hyperlinks and tracked changes). It is often required where authenticity, chronology, or data analysis is in issue, particularly for spreadsheets, databases, audio/video and CAD. In disclosure or discovery, parties usually agree whether documents are to be produced in native or in an alternative format (e.g. PDF/TIFF with load files), recognising that redaction and confidentiality may necessitate non‑native production.
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View the related Practice Notes about Native format

PRACTICE NOTES
Business and Property Courts Disclosure Scheme (CPR PD 57AD), England and Wales: Definitions, Principles, Parties’ and Representatives’ Duties, Preservation, Disclosure of Known Adverse Documents, and Control (including Third-Party Documents)

This Practice Note sets out the definitions adopted by the Business and Property Courts’ (B&PCs) Disclosure Scheme under CPR PD 57AD. It also summarises the scheme’s fundamental principles, encompassing the obligations on all parties to proceedings and their legal representatives, and clarifies what constitutes control of documents. In the majority of cases before the B&PCs, disclosure proceeds in accordance with the Disclosure Scheme contained in CPR PD 57AD. The Scheme took effect on 1 October 2022, following the disclosure pilot. Decisions handed down during the pilot continue to carry weight and are noted below. For help on when the Scheme applies (and any exceptions), see: Practice Note: Disclosure Scheme—when and where it applies Which disclosure rules apply to my claim—flowchart? Definitions used in the Disclosure Scheme CPR PD 57AD, Appendix 1, supplies a range of defined terms. These include: Control, Copy, Data Sampling, Disclose, Disclosure Certificate, Disclosure Review Document, Electronic Image, Keyword Search, Less Complex Claim, List of Documents, Metadata, Narrative Document,...

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