I too do not have a legal degree, but it's my understanding that if a  copy of a document exists and it is known to exist it is discoverable.

Retrieving documents from back-up tapes is often not an easy task and often attorneys will argue undo hardship relative to the time and expense associated with the activity.

>>> Bob Skweres <[log in to unmask]> 01/09 10:00 AM >>>
If this question is a repeat, sorry.

Background: 1) The IS/IT dept runs back up tapes daily, end of month and
year end.
                        2) By the end of this year, we will be begin
imaging documents into our

Our Question:  When we destroy an E-Document (in the future) per our
record retention program, from our data-base, can the court supeona our
back up tapes for the E-Document that's been destroyed.  What would our
legal recourse be?  Would the Court conclude that if its Destroyed
(purged) off our harddrive, it no longer exists, even though its still
on the back up Tapes.

To put it another way, when we destroy an E-Doc from our data-base do we
have to go back and destroy that E-Doc from all the Back-up tapes that
this E-Doc exists on?

Bob Skweres (non-CRM, no legal degree, either)