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Subject:
From:
"Roach, Bill J." <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 9 Feb 2006 15:36:05 -0600
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>>Has there been any US Federal decision on disposing of hardcopy
records after the documents have been imaged?<<

The more important question is whether there has been the need to make a
decision regarding disposal of paper documents after imaging.  I am
certain there have been a few.  On the other side of the coin, images of
documents have been produced on court for years without the need for a
decision.  

(Standard disclaimer: I am not an attorney, get a competent one and ask
him the question.) 

Outside of the archival environment, when was the last time someone
microfilmed documents and retained the paper, rarely if ever.
Electronic images are addressed in the exact same rules as microfilm.
See Rules of Evidence 1001, 1002, 1003 and 1004.
http://www.law.cornell.edu/rules/fre/rules.htm#Rule1001

Pay particular attention to the language in item 1 of Rule 1004:
"Rule 1004. Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a
writing, recording, or photograph is admissible if--
(1) Originals lost or destroyed. All originals are lost or have been
destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any
available judicial process or procedure; or
(3) Original in possession of opponent. At a time when an original was
under the control of the party against whom offered, that party was put
on notice, by the pleadings or otherwise, that the contents would be a
subject of proof at the hearing, and that party does not produce the
original at the hearing; or
(4) Collateral matters. The writing, recording, or photograph is not
closely related to a controlling issue."

According to the rule, you can destroy the originals as long as you do
it in good faith.

Bill R

Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589

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