In United States v. Briggs, 2011 U.S. Dist. LEXIS 101415, 4-5 (W.D.N.Y. Sept. 8, 2011) the Court, after noting Judge Facciola's similar decision in United States v. O'Keefe, 537 F. Supp. 2d 14 (D.D.C. 2008), ruled that the Court would apply the federal civil rules to a criminal matter as they pertain to the form of ESI disclosure.
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