The Importance of Document Retention during Litigation
It has become mandatory for companies to have a comprehensive document retention policy. The Federal rules "e-discovery" took effect from Dec. 1, 2006 and it makes production of electronic documents as important as hard copies of material in any legal case. These rules on electronic discovery have clearly stated and confirmed that having a comprehensive document retention policy is more important than ever before. So what is to be done? All firms have to create and maintain a record retention policy.
During the litigation process it becomes even more important to retain all electronic documents. Normally companies have thirty days time to answer any e-discovery request from the court. Employers cannot hide and will be penalized for not following the policy especially when there is some litigation in anticipation. The policy can be put in place by the following process,
During the litigation process it becomes even more important to retain all electronic documents. Normally companies have thirty days time to answer any e-discovery request from the court. Employers cannot hide and will be penalized for not following the policy especially when there is some litigation in anticipation. The policy can be put in place by the following process,
- Applicable State/ Federal recordkeeping laws should be followed
- Be strict with employees who violate the law
- Necessary business records must be created
Labels: document retention, e-discovery, electronic discovery, Federal rules, litigation support



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