I am having difficulties finding any concrete information about this topic. I am researching a typical practice in any litigation, transmitting all relevant information from one party to the other party. I work in the P&C Insurance industry currently, so litigation is normal part of doing business it seems.

We store all the claim related documents in a traditional ECM system. When a subpoena arrives requesting a copy of the entire claim file, we obviously have to comply.

I am focusing on two key points regarding how the data should be transferred.

First, can the requestor dictate the media that is used to transmit the data and penalize us for not fulfilling the request the way they asked? Basically, can they demand a printed hard copy be generated instead of an electronic copy on a CD / DVD and penalize (bill) us for not delivering the information as they requested?

Second, is there any regulation that would prohibit us from using a service like UPS or FedEx to deliver a hard copy to the recipient? Obviously there is some concern from my standpoint about overall security of the information when sending information this way.

Thanks in advance.

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