Discovery Correction: How to Produce Native Photos with Metadata
Correct civil litigation discovery errors with Best Virtual Paralegal. Get a free email template to produce native photos with metadata to opposing counsel.
In our previous post, we discussed how Best Virtual Paralegal helps you gather client photos without stripping the critical EXIF metadata. But what happens when the mistake has already occurred?
It is a common scenario in civil litigation: A client texts you photos, your team produces them to opposing counsel as PDFs or stripped JPEGs, and later you realize the metadata (timestamps and geolocation) is missing.
Under the rules of discovery, specifically the duty to supplement, you must correct this. You need to provide the "native" files. However, simply dumping a new set of files on opposing counsel without context can cause confusion or suspicion.
Here is how Best Virtual Paralegal helps attorneys navigate this correction smoothly, ensuring your virtual paralegal services cover not just document collection, but professional communication and compliance.
The Duty to Supplement in Civil Litigation
When electronic evidence (ESI) is produced in a format that degrades its quality or usability (like a PDF of a photo), opposing counsel has the right to request the native file.
Rather than waiting for a Motion to Compel, it is strategic to get ahead of the issue. A proactive correction demonstrates:
1. Candor: You are being transparent about the evidence.
2. Competence: You understand the technical requirements of modern discovery.
3. Cooperation: You are saving the other side the hassle of asking.
How Best Virtual Paralegal Handles the Correction

Drafting these letters takes time—time that an attorney could spend on deposition prep or strategy. Best Virtual Paralegal handles this administrative heavy lifting.
We verify the new "native" files (ensuring the metadata is actually there this time), Bates stamp them effectively (often matching the original number with a suffix like -NATIVE), and draft the correspondence to opposing counsel.
The Template: Correcting a Previous Production
Below is a template that Best Virtual Paralegal might draft for you to send to opposing counsel. It addresses the technical error (compression) without admitting to negligence, framing it as a technical supplementation.
Email Template: Supplementation of Photograph Production
Subject: Supplemental Production of Documents – [Case Name] – Native Format Photos
Dear [Opposing Counsel Name],
Please find the enclosed link to a supplemental document production regarding the above-referenced matter.
It came to our attention that the photographs previously produced on [Date of Original Production] (Bates Range [XYZ 001 – XYZ 050]) were inadvertently subjected to compression during the client intake process. This compression removed the embedded EXIF metadata (timestamps and geolocation data).
To ensure you have the complete and authentic evidence, we are re-producing these images in their native, original format with all metadata intact.
Production Details:
• Original Production: [Bates Range] (Stripped metadata)
• Supplemental Production: [New Bates Range] (Native format)
We have verified that these files contain the original device data. Please let us know if you have any difficulty accessing the files.

Sincerely,
[Your Name/Firm Name]
Why Use a Virtual Paralegal for Discovery?
Managing file formats, metadata extraction, and drafting procedural correspondence are vital tasks, but they are not the best use of an attorney's billable hour.
By utilizing virtual paralegal services, you ensure that these technical nuances are handled correctly the first time—or fixed quickly and professionally if a client error occurs. Best Virtual Paralegal acts as your discovery safety net, ensuring your evidence is admissible and your reputation remains pristine.
