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Zubulake Test


A seven factor test set out in Zubulake v. UBS Warburg LLC, 217 F.R.D. 309 (S.D.N.Y. 2003), that the court should use to determine whether the cost of producing inaccessible data should be shifted to the party who requested it. The factors the court considers are (1) how narrowly tailored the request is to finding discoverable data, (2) the availability of the data from alternative sources, (3) the cost of producing the data compared to the amount in controversy, (4) the cost of producing the data compared to each party’s resources, (5) each party’s ability to control the costs of production and incentive to do so, (6) how important the issues in the litigation are, and (7) how the producing the data will benefit each party.

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