Logikdoc

Document Request

Request for Preservation and /or Production

Document Request - Simplified

“Most digital evidence now exists as data within databases rather than the static images provided by traditional paper productions. Counsel must therefore stop thinking about discovery as the quest for “documents” and start focusing on how to obtain information in useable and complete forms.” - Craig Ball

Discovery refers to the first phase of litigation during which the parties to a dispute must provide each other with all relevant case evidence, including records and information. Electronic discovery, or eDiscovery, refers to discovery in which the information sought is in electronic format. Request for these documents come in form of preservation or production. The request is usually in a written form by a party to another party to produce or preserve such Documents.

The court in Lewy v. Remington Arms Co., Inc., has held that “if the corporation knew or should have known that the documents would become material at some point in the future then such documents should have been preserved.” The duty to preserve evidence before commencement of litigation can arise from specific regulation or statute.

After the preservation notice and legal hold must have been given and perhaps put in place, where expedient, the ESI so preserved may become critical in the litigation that ensued, it is therefore not out of place to request its production.

LogikDoc has simplified these processes of preservation and production.