Post Process

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Archive for the ‘FRCP 56(e)’ Category

Case Blurb: NSA Telecom Records Litigation; Discussing Preservation of Relevant Data

Posted by rjbiii on November 14, 2007

The duty [to preserve] extends to documents, data and tangible things in the possession, custody and control of the parties to this action…

“Preservation” is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data and tangible things reasonably anticipated to be subject to discovery under FRCP 26, 45 and 56(e) in this action. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would make material incomplete or inaccessible.

Posted in 9th Circuit, Case Blurbs, Duty to Preserve, FRCP 26, FRCP 45, FRCP 56(e), N.D. Cal. | Tagged: , | Leave a Comment »