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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Andrea Napp
Amended Federal Rule of Civil Procedure 37(e), which takes effect on December 1, 2015, authorizes courts to impose sanctions if electronically stored information (ESI) is lost because a party failed to take “reasonable steps to preserve it.” Although “reasonable steps” is a phrase that will surely be litigated and ultimately defined by the courts, the Advisory Committee Notes provide some insight into the intent behind the revision, which is a wholesale replacement of the old Rule 37(e), and outline factors that a court may consider in analyzing whether a party’s preservation efforts satisfy the new standard.
Read the original article at The Rules of Preservation: “Reasonable Steps” Under Amended Rule 37(e)
























