Dealing with Prejudice: How Amended Rule 37(e) Has Refocused ESI Spoliation Measures

Authors

Thomas Y. Allman, Sedona Conference

Abstract

Since December 1, 2015, Federal Rule of Civil Procedure Rule 37(e) (“Amended Rule 37(e)” or the “Rule”) has provided a uniform approach to addressing spoliation of electronically stored information (“ESI”) which should have been preserved. Only upon a showing of an “intent to deprive” another party of the use of ESI in the litigation are harsh measures available, but if prejudice exists, a broad range of proportional curative measures are available at the discretion of the court.

Last Page

66

Recommended Citation

Thomas Y. Allman, Dealing with Prejudice: How Amended Rule 37(e) Has Refocused ESI Spoliation Measures, 26 Rich. J.L. & Tech 1 (2024).
Available at: https://scholarship.richmond.edu/jolt/vol26/iss2/1