Electronic Discovery Law

Posted at 11:30 AM on August 4, 2006 by K&L Gates

Defendant's Document Retention Policy "Clearly Relevant" and Must Be Produced

Petersen v. Union Pacific R.R. Co., 2006 WL 2054365 (C.D. Ill. July 21, 2006)

In this opinion, the magistrate judge overruled defendant’s objections to certain discovery requests, reminding the parties: “Remember, we are talking discovery, not admissibility at trial.” One of the disputed requests for production sought defendant’s document retention policy:

Produce a copy of UP's Document Retention and Destruction Policy or equivalent, as it existed both at the time of the subject accident and at present day, setting forth UP's policy for the retention of documents and other materials but not limited to, crossing signal test reports, audio recordings of train dispatcher radio and telephone communications, video footage filed from moving trains, data from rail/highway grade crossing event recorders or equivalent, data from defect detectors; maintenance and repair records for track, signals, rail/highway grade crossings, locomotives and rolling stock; and e-mail messages.

The magistrate found the policies to be “clearly relevant” and ordered their production. Another request sought production of “unaltered copies of all e-mail messages in the possession of UP that relate to the subject crossing, accident train or crew, or subject accident in general.” Ordering production, the magistrate stated: “Electronically stored data is clearly discoverable.”

Trackbacks (0) Links to blogs that reference this article Trackback URL

Comments (0) Read through and enter the discussion with the form at the end

This blog/Web site is made available by the contributing lawyers or law firm publisher solely for educational purposes to provide general information about general legal principles and not to provide specific legal advice applicable to any particular circumstance. By using this blog/Web site, you understand that there is no attorney client relationship intended or formed between you and the blog/Web site publisher or any contributing lawyer. The blog/Web site should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

K&L Gates includes lawyers practicing out of more than 40 fully integrated offices located in North America, Europe, Asia, South America, and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information about K&L Gates or its locations and registrations, visit www.klgates.com.

Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.

e-Discovery Analysis & Technology group at K&L Gates, offering services related to ediscovery, review of electronic documents, electronic discovery and electronic evidence discovery.
K&L Gates LLP
925 Fourth Avenue, Suite 2900, Seattle, Washington 98104-1158
p. 206.623.7580, f. 206.623.7022