Blake,

The usual disclaimer: I ain't a law dog (or even a puppy) so seek legal 
counsel, but since you asked...

All presumptions in place.

you have a retention schedule
you have an imaging process
you document your process
you document all esceptioons
you have company policy
everything is signed off on


I would guess that if you dispose of your contracts as part of your normal 
business process you "should" not have a problem. Read the auguries, but as 
I understand it, the image cannot be excluded simply because it is 
electronic. If your policies and procedures are solid, you should be 
alright. Make sure you document the exceptions.

Chris Flynn

>From: Blake Richardson <[log in to unmask]>
>Reply-To: Records Management Program <[log in to unmask]>
>To: [log in to unmask]
>Subject: Destruction of Wet Signature Contracts
>Date: Fri, 20 Apr 2007 16:22:54 -0600
>
>Good afternoon.  For those that attended AIIM, I hope your flight out of
>Boston was better than your flight in.  We are beginning the process of
>imaging transportation contracts.  There is concern on the part of
>senior counsel that the post-image destruction of the source documents
>(wet signature contracts) could be a point of contention in court.
>
>
>
>I would like the List's perspective on the reality of this issue, e.g.
>If plaintiff's attorney raises this issue, what is the likelihood that
>it will be detrimental to my company as long as we can provide
>documentation of our imaging procedures and demonstrate that they are
>being followed?   In the private sector, I am not aware of any
>requirements to keep the wet signature contract.  Any thoughts?
>
>
>
>Thanks
>
>
>
>Blake E. Richardson, CRM
>
>Manager of Records
>
>
>
>Safeway Inc.
>
>20427 North 27th Avenue
>
>MS-7007
>
>Phoenix, AZ 85027
>
>P: 623.869.3875
>
>F: 623.869.6175
>
>   <http://home.safeway.com/index.htm>
>
>
>
>
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