Audio recordings under the FRCP are discoverable and is one of the most difficult and expensive medias to preserve and search. Therefore it is important to narrow audio requests as much as possible. Conducting witness interviews will help narrow custodians date ranges and also try to argue under FRCP 26 that the audio sources are not reasonably accessible because of undue burden or cost. The company’s retention policies should be reviewed and customized to meet regulatory and general preservation requirements. To that end, create a protocol for collecting and preserving audio files. NightOwl Discovery has sophisticated technology to process and search audio files which can help limit the amount of audio needed to be reviewed pursuant to a request.