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Subject:	Re: testifying
From:	"WARDE, ANNA P" <[log in to unmask]>
Reply To:	Records Management Program <[log in to unmask]>
Date:	Mon, 30 Jun 2008 16:03:01 -0500
Content-Type:	text/plain
Parts/Attachments:	text/plain (55 lines)

Thanks- that is very helpful.-AW

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Haddox, Allen
Sent: Monday, June 30, 2008 4:01 PM
To: [log in to unmask]
Subject: Re: testifying

First of all, it depends if there is a record retention or record
management policy in force. By "in force", I mean a policy singed off by
executive staff and general counsel and in a policy manual with
schedules of document destruction along with signatures of department
heads who have complied. Without a policy in force, it's never possible
to honestly testify that all the records in question have been destroyed
or not.

Typically, if the witness testifies "to the best of his/her knowledge",
and responsive documents are found later, then just hand them over with
a statement explaining where they came from. If a retention policy is
truly enforced from the top down, this usually alleviates embarrassing
situations.   

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Anna Warde
Sent: Monday, June 30, 2008 4:30 PM
To: [log in to unmask]
Subject: testifying

I am trying to gather information regarding situations where individuals
may have testified in court regarding records have been destroyed, only
to discover following their testimony that the records are still in
existence. What kind of legal repurcussions could this have? This is a
hypothetical situation, but I really want to stress the importance of
keeping accurate tracking of stored records. Thanks.-AW

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