In United States v. O'Keefe, 2008 WL 449729 (D. D.C. Feb. 18, 2008), Magistrate Judge John Facciola, held that Rule 34 of the Federal Rules of Civil Procedure can be used in the criminal context to evaluate whether the government produced electronic documents in an appropriate format.  Judge Facciola also opined that evidence related to search term methodology is "clearly beyond the ken of a layman" and requires expert testimony under Federal Rules of Evidence, Rule 702.  Under FRE 702, if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may, upon satisfactory qualification,  testify in the form of an opinion.