A New Jersey judge has found no spoliation of e-mail evidence in a business dispute despite the destruction or disappearance of two laptops, a computer server hard drive and backup tapes. The Jan. 30 decision appears to be one of the first under new state e-discovery rules. Ocean County Chancery Division Judge Vincent Grasso seemingly applied a safe-harbor provision that's identical to Rule 37(f) of the Federal Rules of Civil Procedure, and noted the party's compliance with court production orders.
February 13, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A New Jersey judge has found no spoliation of e-mail evidence in a business dispute, despite the destruction or disappearance of two laptops, a computer server hard drive and back-up tapes.
The Jan. 30 decision, in DeSantis v. Biehler, C-196-01, appears to be one of the first decisions under new electronic discovery rules that took effect last Sept. 1.
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