Electronically Stored Information and Spoliation of Evidence, Vol. 53, No. 9 RES GESTAE 25 (May 2010)

A trio of recent decisions puts discovery of electronically stored information (“ESI”) and sanctions related to destruction of ESI back in the spotlight. Although these three cases were all in federal court, January 1, 2008 amendments to Indiana Trial Rules 26 and 34 align Indiana with the corresponding Federal Rules of Civil Procedure when it [...]