Document Retention Policies

Question 1

To keep track of their various preservation obligations, corporations and other entities tend to rely on ___________ ___________ ___________ _____________. .

Answer 1

written document retention policies

Question 2

To keep track of their various preservation obligations, corporations and other entities tend to rely on written document retention policies.

Such policies will typically refer to types of information such as_______ ________, ________ ____________, __________ __________, intellectual property records, contracts, etc. and ascribe appropriate ___________ _________ for each.

Answer 2

tax records

board records

employment records

retention periods

Question 3

To keep track of their various preservation obligations, corporations and other entities tend to rely on written document retention policies.

Such policies will typically refer to types of information such as tax records, board records, employment records, intellectual property records, contracts, etc. and ascribe appropriate retention periods for each.

These periods generally are based upon a mixture of_________ __________ and__________ ____________.

Answer 3

business needs and legal requirements

Question 4

_____________ _____________ __________ _________ should also provide for the process of destroying information once its retention period has expired and should provide for the suspension of the destruction process when the need to preserve for anticipated litigation arises.

Answer 4

comprehensive document retention policies

Question 5

If a party has a routine document destruction policy, “reasonable steps to preserve” information under Rule 37(e) require that such a policy be _______________ so that _________ ________ can be ___________.

Answer 5

suspended

relevant documents

preserved

Question 6

If a party has a routine document destruction policy, “reasonable steps to preserve” information under Rule 37(e) require that such a policy be suspended so that relevant documents can be preserved.

However, the _________ ______ _______ _________ ___________- that occurs pursuant to a document retention policy is not generally regarded as sufficient evidence on its own to establish that the spoliation was done “with the intent to deprive another party of the information’s use in the litigation” as required to access harsher sanctions under Rule 37(e)(2).

Answer 6

failure to suspend routine destruction

Question 7

Note that the rule provides the courts “may order the following” types of sanctions and that the court “may issue further just orders.”

Courts also have the inherent authority to impose sanctions, which supplements their power under

what rule?
 

Answer 7

Rule 37