Model Precedents

The Digital Evidence and eDiscovery Working Group has released revised versions of all of its e-discovery and e-trial model documents and guidance materials.  Links to all of these documents are provided below.

The documents fall into the following broad categories:

For Public Comment NEW

Model Document #12:  Affidavit of Documents (Corporation or Partnership)


Model Document #8: Annotated E-Discovery Checklist (with suggestions on how to minimize e-discovery costs)

Preservation letters

Model Document #5:  Preservation Letter (To be Sent to Opposing Counsel)
Model Document #6:  Preservation Letter (To be Sent to Defendant or Proposed Defendant)

Discovery Plans and Discovery agreements

Model Document #1:  Discovery Agreement
Model Document #2:  Preservation Agreement
Model Document #9:  Checklist for Preparing a Discovery Plan
Model Document #9A:  Discovery Plan (Long Form)
Model Document #9B:  Discovery Plan (Short Form)
Sample Document #1:  Letter Confirming Discovery Agreement*

*this document is a sample, using hypothetical facts, of a discovery agreement in letter format in a relatively uncomplicated e-discovery matter

Guidance documents on how to carry out e-discovery and minimize costs

Model Document #3: Memorandum to Corporate Client Regarding Documentary Discovery
Model Document #4: Memorandum to Individual Client Regarding Documentary Discovery
10 Guiding Principles: 10 Guiding Principles to Minimize E-Discovery Costs

Note: See also Model Document #9 (above), which is a Checklist for Preparing a Discovery Plan.

Materials for use by the court

Model Document #7: Preservation Order
Model Document #10: Proportionality Chart (Document Production)


Model Document #11: E-Trial Checklist
Electronic Trial: What is an Electronic Trial?

Annotations within the Model Precedents and other Working group Guidance Documents

Annotations are included throughout the The Working Group’s model documents and the The Working Group’s other e-discovery guidance documents.  Many of the annotations refer to The Sedona Canada Principles Addressing Electronic Discovery (the “Sedona Canada Principles”).  The Sedona Canada Principles are a set of national guidelines for e-discovery in Canada, which reflect both existing legal principles and a set of identified best practices.  The Sedona Canada Principles are intended to be compatible with the discovery rules in all Canadian jurisdictions.  Effective January 1, 2010, civil litigants in Ontario are required, pursuant to Rule 29.1 of the Rules of Civil Procedure, to consult and have regard to the Sedona Canada Principles in preparing a discovery plan for an action.  A copy of the Sedona Canada Principles may be downloaded from, where they are found under the list of publications for Working Group 7.

The Working Group’s documents have been prepared and made available to the public by the Working Group for informational purposes.  They are not provided as legal or technical advice and should not be relied upon as such.

Providing Your Comments

The Working Group always appreciates comments on its materials. The Committee will review all comments received and consider appropriate revisions. Comments may be submitted to the Working Group, through our administrative email box: