I have noticed a dichotomy in the answers received here and from other
research.
1) If you are in state or local government entity, the trend seems to be
to hold on to production. Is this because of laws and regulations?
2) If you are in the business arena, the trend seems to be separating the
files into two categories (i.e., litigation files and production). The
produced records are sent back to the business owners and processed using
the applicable retention periods. The litigation files are held onto for
a specific period (most have stated 10 years).
Several in-house counsels stated "the definition of what constitutes a
litigation record was up to the in-house litigation counsel".
Kevin Tisdel
Director of Corporate Compliance
Shaw Industries Group, Inc.
P.O. Drawer 2128
Mail Drop 061-28
Dalton, GA 30722-2128
* Email: [log in to unmask]
( Phone: 706.275.1177
6 Fax: 706.275.1442
"Devir, Brian" <[log in to unmask]>
Sent by: Records Management Program <[log in to unmask]>
07/30/2008 07:49 AM
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Re: Closed Litigation Records Definition and questions
I agree with Peter's responses regarding the fact that all documents
collected for use in litigation should be part of the litigation case
file; however, my current counsel does not agree and considers copies of
document collections created solely for discovery production to be
nonrecord material, to be destroyed when "no longer needed", namely,
when they say so.
Was wondering if anyone had any sources of reference that might support
Peter's opinion? Always nice to have some identifiable sources to
reference when discussing with your attorney's!
Brian R. Devir
RM Field Officer
Department of Energy
EM Consolidated Business Center
Cincinnati, OH
513-246-0604
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