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Preservation Letter and Discovery

Livinglies's Weblog

In order for the “business records” to be accepted as an exception to hearsay, foundation is required. Part of foundation is an inquiry into whether these records are the complete records. If they are not the complete records then there is daylight created for the argument that the “business records” are objectionable based upon the fact that they are incomplete.

see sample-preservation-letter

Among the many abuses we see in court is that only partial records are available — even in discovery. One of the steps that could provide the foundation for establishing that the business records” are not complete and have never been complete is through the use of a preservation letter and then follow that up with discovery.

The above link shows, in some detail, as this process unfolds.

Dan Edstrom, senior forensic analyst for Livinglies says —

They are concealing documents they are required to produce, and have…

View original post 152 more words

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