Electronically stored information (“ESI”) has become the primary focus of document discovery in all types of litigation. Because electronic data can easily be overwritten and purged – whether deliberately or inadvertently – it is critical to act quickly to have relevant ESI preserved. As soon as litigation is anticipated, a preservation letter should be sent to the opposing party to maximize the available information to help you make your case.
Sending a preservation letter can, and often should, occur even before you file your case. Time is of the essence when the opposing party is a company that has or may have a document retention policy involving routine destruction of electronic documents. Prompt action is equally critical in any case that involves continuing usage of pertinent electronic devices, which may occur with both corporate and individual litigants. When prompt action is taken, the opposing party can manage the electronic evidence better and make necessary preparations in response to the request for discovery.
This article was submitted by Tricia Johnson, QDiscovery. If you would like to submit content or write an article for the E-Discovery, Information Governance & Cybersecurity Section, please email Kara Sikorski at firstname.lastname@example.org.