I would go with #1.  Some of the records produced may have retention 
periods (i.e., for regulatory and/or business reasons) much longer than 
the litigation retention period and will need to be maintained beyond 
the time period when they would be destroyed under the litigation 
retention period.  Copies of the records which are maintained with the 
litigation file should be destroyed when the original records are 
destroyed (or before if the litigation file retention period is 
shorter) and a notation made in the litigation file that they were 
destroyed per the retention schedule.  If they were destroyed per the 
retention schedule, you should be covered for any future litigation 
that may ensue.  The only caveat to this would be if the litigation is 
still subject to appeal in which case the records should be maintained 
until the time has passed that the case may be appealed.

Julie Ann Fleming, CRM




-----Original Message-----
From: Furlow, Brad <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, 21 May 2009 5:34 pm
Subject: Re: Records Relevant and Records Produced for Litigation After 
Release of Hold

I agree with Steve; door #3.

Brad Furlow
Records Manager

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Steve Morgan
Sent: Thursday, May 21, 2009 3:18 PM
To: [log in to unmask]
Subject: Re: Records Relevant and Records Produced for Litigation After
Release of Hold

I go with door #3

Steven D. Morgan
Records Manager, C.J. Segerstrom & Sons
Costa Mesa, CA
714.438.3228 Phone
714.546.9835 Fax
Information is the currency of democracy. (Thomas Jefferson)

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Tom Wilson
Sent: Thursday, May 21, 2009 2:18 PM
To: [log in to unmask]
Subject: Records Relevant and Records Produced for Litigation After
Release of Hold

After whatever point the duty for preservation begins and records are
collected and possibly copied for  litigation, when the matter is
considered
settled and the duty to preserve no longer exists, what do you do with
original records with copies of original records?



It might be easier to imagine and respond based on hardcopy records, but
my
question would apply to any media on which records are maintained and
could
be copied.  For my purposes in asking I'm scoping out the complication
of
ESI and what part of it may or may not be a record outside the duty to
preserve.



Do you



1.       return the original records to their original custodian and
apply
the retention period for the original record type to them while
maintaining
copies made of the records with the litigation file and applying the
retention period for litigation.



2.       Same as number 1, but destroy copies made of records leaving
the
litigation file itself without any evidence of records produced.



3.       Maintain all original records produced with the litigation file
and
all original records and copies associated with the litigation file
adopt
the retention period for litigation.



4.       Or something different.



Also, if you do return original records to their original custodian,
keeping
copies of records produced or relevant to the litigation with the
litigation
file, when you destroy the original records, assuming the retention
period
of the original record types end sooner than the retention period for
litigation, do you make note on the destruction or elsewhere that
certain
records within that record type may still exist within the litigation
file?




I understand there can be attorney client privilege, but that may not
apply
in every case.  I wondered what approach some of you may take to this
issue.



List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already
present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of
the message.
mailto:[log in to unmask]

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already
present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of
the message.
mailto:[log in to unmask]

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already 
present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of 
the message.
mailto:[log in to unmask]

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]