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eDisclosure
The disclosure of documents which are in electronic form.
Duty to preserve evidence
It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation ...
US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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Duty to preserve evidence

It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation.

"[O]nce a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents."

A plaintiff's duty is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.

US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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