Definition[]
The duty to preserve materials arises when a party acquires notice or should know that the materials are relevant to an existing litigation or investigation, or to reasonably anticipated future litigation or investigation.
Overview[]
Once the duty to preserve evidence attaches, the obligation to preserve evidence runs first to counsel, who then has a duty to advise and explain to the client its obligations to retain pertinent documents that may be relevant to litigation.[1]
References[]
- ↑ Telecom Int'l America, Ltd. v. AT&T Corp., 189 F.R.D. 76, 81 (S.D.N.Y. 1999).