Author Question: Once a party becomes aware of litigation, what are its obligations regarding documents? What will ... (Read 78 times)

erika · **on:** Aug 3, 2018

Once a party becomes aware of litigation, what are its obligations regarding documents?

What will be an ideal response?

Question 2

The toxic tort case being handled by Jack Parsons' firm has finally begun. When settlement negotiations broke down, the complaint was filed in federal district court. Jack is anticipating vast quantities of electronic documents to be produced by both sides. On the plaintiff side, there are volumes of medical records documenting the illnesses, along with toxicology studies about the chemicals at issue. The defendant chemical company is a Fortune 500 firm, and is expected to have thousands of electronic documents that could be potentially related to the litigation. A meet-and-confer conference has been scheduled. What is supposed to occur at the conference? How should Jack prepare for this meeting?

What will be an ideal response?

underwood14 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The party must impose a litigation hold, which requires that they refrain from destroying documents related to the litigation.

Answer to Question 2

Because of the high volume of electronic documents that will be produced, significant time and planning will be needed for discovery. The meet and confer is an opportunity for the parties to amicably develop a plan for discovery. After the conference, the parties must provide a proposed plan to the judge, along with a timeline for discovery. Because of the technology that will be involved in the discovery plan, it would be advisable for Jack to retain an IT specialist who may be present at the meeting to gain an understanding of Greenway's information system, and to help work out the plan.