Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over.

The real fight now is sharper—and it’s what makes the Carvana decision a must-read: when does a party have to produce a contemporaneous (point-in-time) version of a hyperlinked document, and what does the requesting party have to show to get that relief? Because in the cloud, the “attachment” is living. If you produce the file as it exists today, you may be producing something that did not exist when the email was sent. And courts are increasingly unwilling to let the timeline get rewritten—whether intentionally or not.

Thank you for tuning in to Meet and Confer with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on creating cost-effective discovery strategies leveraging ESI, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy.