Duty to Preserve Evidence (Federal) | Practical Law
This Practice Note analyzes counsel and their client's duty to preserve potentially relevant evidence (including electronically stored information (ESI), hard copy documents, and other tangible items) in federal civil litigation. Specifically, this Note addresses when the duty to preserve begins and ends, the scope of the duty to preserve, how counsel and clients can comply with the duty to preserve, and penalties that counsel and clients may face for failing to satisfy the duty to preserve.