Sometimes, electronic discovery takes us outside the realm of just the plaintiff and defendant - a third party can also be put on notice to preserve documents for litigation.
The duty to preserve evidence to be used in a contested matter, such as a litigation or governmental investigation, certainly pre-dates electronically stored information and the resultant process of electronic discovery.
Be ready with all arguments on what is reasonable to preserve and what is not.
Because the duty to preserve is one that hinges on the timing of its attachment, it is of vital importance to be proactive in preparing an environment in which compliant preservation will be possible.
Preservation for electronic discovery has become a complicated, multi-faceted, steadily-changing concept in recent years.
When considering the scope of the preservation obligation, it should be noted that not all cases are created equal.
Learn more about general rules and specific situtations where the duty to preserve relevant materials is triggered.
It is becoming commonplace for a party who seeks information in a dispute to issue a preservation letter to the adverse party.
A list of supporting resources by type.