Extract from John Tredennick's article "Mastering Legal Holds: Best Practices for Legal Professionals" published on Corporate Counsel
The American judicial system is grounded on the belief that adverse parties should share documents and other information prior to trial. In support of that proposition, each has a duty to identify, locate and preserve information and other evidence that is relevant to a litigation. The purpose is to avoid the intentional or inadvertent destruction (“spoliation”) of relevant evidence that might be used as part of the legal proceeding, such as at trial.
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