Producing Excel Spreadsheets as Tiffs

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An article by Joshua Gilliland, Esq. on his blog Bow Tie Law.


This article discusses a case where a party produced excel spreadsheets as Tiff images, and the opposing party immediately filed a motion to compel a native file production of the spreadsheets.

As the article states in discussing the case Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc., 2011 U.S. Dist. LEXIS 117922 (N.D. Cal. Oct. 12, 2011), "The Court quickly held the Excel spreadsheets be produced in native file format.

Federal Rule of Civil Procedure Rule 34(b)(2)(E)(ii) requires that ESI created in an electronic format must be produced in “the form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.”"

As the article further points out, "Judge Facciola in Covad Communs. Co. v. Revonet, Inc., stated the following on producing Excel files as non-searchable tiffs:

Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live.

Covad Communs. Co. v. Revonet, Inc., 260 F.R.D. 5, 9 (D.D.C. 2009)."

P.S.  If you are faced with this situation in Federal Litigation, ask for production of Excel files in native format from the outset, if the opposing side refuses, you are in an even better position should you need to seek relief from the court.