Archive: November 3, 2010

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e-Discovery in Oklahoma
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Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation

e-Discovery in Oklahoma

As of November 1, 2010, Oklahoma’s Code of Civil Procedure specifically provides for the discovery of electronically stored information (“ESI”).  Closely mirroring the Federal Rules of Civil Procedure, the Code addresses issues including the identification of “not reasonably accessible” information, the format of production, and sanctions for the loss of ESI resulting from the routine, good-faith operation of an electronic information system.

Oklahoma’s Code of Civil Procedure is available here.
 

Court Imposes Adverse Inference for Failure to Preserve Text Messages Related to Criminal Investigation

United States v. Suarez, 2010 WL 4226524 (D.N.J. Oct. 21, 2010) (Not for Publication)

For the Government’s failure to preserve text messages sent between investigating agents and a cooperating witness, the court found sanctions were warranted and ordered that the jury would received a “spoliation charge” allowing (but not requiring) it to infer that the deleted messages were favorable to the defendants.

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