First Name:
Last Name:
Email Address:
Company/Organization

Preservation

Assume the trial judge enters the following order, ex parte:

All Defendants above named are, until further Order of the Court, Ordered to preserve all documents, as broadly defined in Ames R.Civ.P. 34(a), in their possession, custody, or control, relating to: (a) [the deceased]; (b) [her doctor]; (c) [the drugs] All Defendants must take all necessary steps to assure that their employees, agents, accountants, and attorneys refrain from discarding, destroying, erasing, purging, or deleting any such documents including, but not limited to, computer memory, computer disks, data compilations, e-mail messages sent and received, and all back-up computer files or devices including, but not limited to, electronic, optical, or magnetic storage media until such time as the Court enters a superseding Order regarding the preservation of documents and potential evidence relevant to the above-captioned litigation. This order is entered without prejudice to a motion to vacate, which will be heard on 24 hours notice.

1. What problems, if any, does such a preservation order create for the defendant company?

2. What sort of representation should (must) the defense counsel make to get the order vacated? narrowed?

3. What steps would you take to comply with the order, assuming it is not vacated? Think in particular about the extent of your responsibility to ensure that the order is realized within the company and how you could accomplish that.