Sample-Preservation-of-Electronic-Evidence.doc

Sample-Preservation-of-Electronic-Evidence.doc - Sample...

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Sample Language for Preservation of Electronic Evidence Dear ____________: Plaintiff/Defendants consider electronic data to be a valuable and irreplaceable source of discovery and/or evidence in this matter. The laws and rules prohibiting destruction of evidence apply to electronic data with the same force as they apply to other kinds of evidence. An electronic document printed on paper does not preserve the totality of information which is in the electronic file, and therefore does not suffice to fully preserve evidence. Pending further discovery concerning the layout and configuration of defendants’ computer systems and electronic data sets, and pending any further agreement of the parties as to preservation of electronic evidence, the following safeguards against destruction of evidence should be maintained until the final resolution of this issue. Please provide a copy of this letter to the persons whose job responsibilities cover the matters addressed herein. 1. Electronic Data to be Preserved: The following types of electronic data should be preserved, in accordance with the steps set forth in subparagraphs a - i below: a. All electronic mail and information about electronic mail (including message contents, header information, and logs of electronic mail system usage) sent or received by ______________________________________________________________ ________________________________________________; b. All other electronic mail and information about electronic mail (including message contents, header information, and logs of electronic mail system usage) containing information about ______________________________________________________________ ______________________________; c.
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  • Spring '17
  • Rosen
  • Personal computer, USB flash drive, Data storage device, Computer data storage, Preservation of Electronic Evidence

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