Glossary to Practice Note CM 6 and Related Materials

Practice Note CM 6

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Attached Document means a Document attached to, or embedded in, a Host Document. See also Embedded Document.

CD-ROM means ‘Compact Disc – Read Only Memory’, a medium for the storage and exchange of Electronic Documents and Electronic Images.

Container means a store which contains Documents or other Containers. A Container may be:

(a)  an electronic file or directory.

(b)  an email box (or email store), such as a PST and NSF file, which contain emails, email attachments, tasks, notes and diary or calendar entries.

(c)  a compressed file, such as a ZIP file containing other files that may be extracted.

(d)  a hard copy folder or box.

A Container is not a Document and can not be a Host Document.

Court Book means an indexed collection of Documents to be relied upon at the hearing of a matter and will, unless the Court or a Judge otherwise orders, include:

(a)  the originating process;

(b)  all pleadings;

(c)  any affidavit or witness statement to be relied on at the trial (not those for any interlocutory purposes);

(d)  all particulars which have been furnished, whether in the form of a court document or a letter, and of the requests for those particulars; and

(e)  all documents that are to be tendered in evidence (arranged in chronological order).

De-Duplication means the process of identifying and removing duplicate Documents from a collection of Documents so that only 1 unique copy of each document remains. A cryptographic hash function such as the Message Digest algorithm 5 (‘MD5 Hash’) may be used to generate a digital fingerprint for an Electronic Document. The digital fingerprint of a Document can then be electronically compared against the digital fingerprint of any other Document to determine whether the Documents are exact duplicates. De-duplication may also be implemented by using a cryptographic hash function and referring to the Document Groups or context of the Documents being examined.

Discoverable Document means a Document that may have to be discovered pursuant to Order 15 of the Federal Court Rules or any orders of the Court.

Document means a document as defined in Order 1 rule 4 of the Federal Court Rules.

Document Description means the set of data fields used to describe a Document pursuant to a Document Management Protocol.

Document Group means a Host Document and the Attached Documents associated with it. For example, an email and any Documents attached to it constitute a Document Group, as does an Electronic Document and any Documents embedded within it. However, a Container (such as a ZIP file) and the Documents contained in it do not constitute a Document Group.

Document ID (or Document Identifier or Document Number) means an alphanumeric sequence which uniquely identifies a Document within a collection of Documents.

Document Management means the manual and automated processes for the management of Documents during the course of a proceeding, including the identification, preservation, collection, processing, analysis, review, production and exchange of Documents.

Document Type means the Document Description data field containing the category or classification of a Document (e.g. Letter, Facsimile, Report, E-mail).

DVD-ROM means ‘Digital Versatile Disc – Read Only Memory’, a medium for the storage and exchange of Electronic Documents and Electronic Images.

Electronic Court Book means a Court Book in which the Documents are stored and managed electronically and displayed through computer equipment using specific software that facilitates the indexing, searching, filtering, referencing, display and management of the documents in the Court Book throughout the hearing.

Electronic Document means a Document or component of information that was originally created using a computer system, software application or database. This is often referred to as Electronically Stored Information (‘ESI’). The Metadata embedded within an Electronic Document is considered part of that Document. The definition of Electronic Document includes an email, email attachment or a Loose File. A Container is not an Electronic Document for the purposes of Practice Note CM 6 and the Related Materials.

Electronic Image means an electronic representation of a Paper Document or Electronic Document. An Electronic Image may be a Searchable Image or an Unsearchable Image.

Electronically Stored Information (‘ESI’) – see Electronic Document.

Embedded Document means a Document that is embedded within an Electronic Document. An Embedded Document is to be treated as an Attached Document, with the Document within which it is embedded being its Host Document. A Document attached to an email is not an Embedded Document.

Host Document means a Document with one or more Attached Documents. For example, an email is a Host Document and any Documents attached to the email (including any Documents stored in a Container that is attached to the email) are its Attached Documents. A Container is not a Host Document.

List of Documents means the list of documents mentioned in Order 15 rule 6 of the Federal Court Rules.

Loose Document means an Electronic Document that is stored in its Native Form in a Container that is a file system or directory system but not an email box. An email or Document attached to an email, even if extracted from the email box in which it was originally stored, is not a Loose File.

Malicious Software means computer code designed to cause damage, destruction or impairment to computer equipment, or the data stored on a computer, in part or in whole.

Metadata is described as ‘data about data’. In the case of an Electronic Document, metadata is typically embedded information about the Document which is not readily accessible once the Native Electronic Document has been converted into an Electronic Image or Paper Document. Metadata may be created automatically by a computer system (‘System Metadata’) or may be created manually by a user (‘Application Metadata’). Depending on the circumstances of the case, Metadata may be discoverable.

Native Electronic Document (or Native Form) means an Electronic Document, stored in the original form in which it was created by a computer software program.

Objective Coding means the manual or automated review and classification of a Document, based on the objective elements of the Document.

Optical Character Recognition (‘OCR’) means the computer-facilitated recognition of printed or written text characters in an Unsearchable Image.

Page Number Label means a label containing a unique Page Number that is placed on each page of a Document. The Page Number Label may also include a machine readable barcode version of the Page Number.

Page Number means a sequence of alphanumeric digits determined in accordance with a Document Management Protocol to enable each page of each Document to be uniquely referenced.

Paper Document means a Document stored in paper form. This does not include a printed version of an Electronic Document.

Party Code means a sequence of alphanumeric characters in a Document ID that uniquely identify a party to the proceedings.

Portable Document Format (‘PDF’) is an Electronic Image format.

Placeholder Page means a page that is inserted into a collection of Documents to represent a Document that, for whatever reason, has not been included in the collection of Documents.

Redaction means the process of rendering part of a Document unreadable. It is sometimes referred to as ‘Masking’. Redaction is typically used to render confidential or privileged portions of an otherwise Discoverable Document unreadable.

Searchable Image means an Electronic Image in which the text-based contents can be searched electronically.

Subjective Coding means the review and classification of a Document, based on the subjective elements related to the Document and the proceeding. This activity is usually performed manually by reviewers with legal training.

Tagged Image File Format (‘TIFF’) is an Electronic Image format.

Unattached Document means an Attached Document without a Host Document.

Unsearchable Image means an Electronic Image in which the text-based contents cannot be searched electronically.

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