Suspending Destruction
FOIA, Litigation, Audit, Investigation
• Immediately cease the destruction of all relevant
records (even if destruction is authorized by an
approved Retention and Disposal Schedule)
• If relevant records exist in electronic formats, notify
information technology staff
• Failure to cease the destruction of relevant records
could result in penalties
• Amendments to the Federal Rules of Civil Procedure
went into effect on December 1, 2006
Address the role of electronically stored information as
evidence in federal courts
If messages are destroyed on a regular basis,
in accordance with approved Retention and
Disposal Schedules, they may no longer exist
when a FOIA request is received. Agency will
not be penalized for not releasing the record.
E-mail and Litigation
• Immediately cease all destruction of relevant e-mail
in active accounts and on backup tapes when
litigation is imminent.
• Government agencies do not want to be charged
with destroying evidence.
• Amendments to the Federal Rules of Civil Procedure
went into effect on December 1, 2006
Address the role of electronically stored information as
evidence in federal courts
Releasing E-mail
• Finding and releasing e-mail can be timeconsuming
and costly
• E-mail can be retained in a lot of places, by a
lot of people
• Notify all responsible parties to stop
destroying relevant messages once a request
is received or anticipated
• Keep your records organized
• Know who has what