Post Process

Everything to do with E-discovery & ESI

Case Blurb: NTL Securities Litigation; FRCP 34(a) and possession of documents

Posted by rjbiii on August 28, 2007

Under Rule 34(a), parties may request from their adversaries documents (including ESI) “which are in the possession, custody or control of the party upon whom the request is served.”
The concept of ‘control’ has been construed broadly.
The test for the production of documents is control, not location. In re NTL Securities Litigation, 2007 WL 241344 (S.D.N.Y., Jan. 30, 2007).

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