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Subject:
From:
"Roach, Bill J." <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 1 Sep 2006 11:16:15 -0500
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>>An example, budget - do you pdf the spread sheet of the 2006 budget
and keep it for 6 years or do you ensure that over the next 6 years you
can run a  query of the budget system and it will return a report that
shows the exact data.<<

We need some of our attorney types to weigh in here.  I recall several
years ago we were able to convince opposing counsel that reports they
were going to generate for the litigation would be successfully
challenged as not being created at or near the time of the incident in
question.  If I recall our counsel's statement, you cannot introduce
records you created for the litigation as evidence of for the
litigation.  

Based on his statement and subsequent conversations, I have always taken
the position that the information should be created and stored, not
created on demand.  In addition, I would think it would be difficult to
prove the trustworthiness of both a 20 year old system and data stored
on it 5-6 years previously.  

Any thoughts from the legal box?

Bill R

Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589

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