Obtaining electronic discovery from a city or municipality in civil litigation can be a slow process. But, in DMAC LLC and Fourmen Construction, Inc. v. City of Peekskill, plaintiffs’ task was made impossible because of the City of Peekskill’s failure to implement a “formal e-mail retention policy,” leaving it up to the “sole discretion” of City staff and elected officials whether to retain or delete their e mails. When the City and other defendants were sued in 2009 for stopping a real estate development project that began back in 2007, allegedly for political reasons, that lack of any e-mail retention policy came back to haunt the defendants.
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Resources of Interest
- Association of Records Managers & Administrators (ARMA International)
- California E-Discovery Act
- Electronic Discovery Reference Model (EDRM)
- Federal Judicial Center – Manual for Complex Litigation, Fourth
- Federal Rules of Civil Procedure
- Federal Rules of Evidence
- Information Requirements Clearinghouse (IRCH)
- International Legal Technology Association (ILTA)
- Legaltech News
- New Jersey E-Discovery Rules
- The Sedona Conference