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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 ...
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)
Amended Opinion and Order in The Pension Committee of Montreal, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 15, 2010)

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