Rule 37(e) of the Federal Rules of Civil Procedure: Changes for ESI
Preservation and Spoliation - Legal Talk Network
In this episode of *The Digital Detectives*, *Sharon Nelson*
<http://legaltalknetwork.com/hosts/sharon-d-nelson/> and *John Simek*
<http://legaltalknetwork.com/hosts/john-w-simek/> interview ESI
preservation expert James Kurz about how Rule 37(e) works and what the
consequences are for the future of ESI preservation. Kurz explains that the
rule, which only deals with ESI, proposes a three part test before
considering spoliation issues: the ESI should have been preserved in the
anticipation or conduct of litigation and is lost, the ESI was lost because
the party failed to take reasonable steps to preserve the information, and
the missing information cannot be restored or replaced with additional
discovery.

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Source:
http://legaltalknetwork.com/podcasts/digital-detectives/2014/09/rule-37e-federal-rules-civil-procedure-changes-esi-preservation-spoliation/
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