What Determines 'Control' In Producing Documents

Law360 (November 4, 2010, 4:44 PM EDT) -- When a party receives a request for documents in litigation, it is obligated to conduct a reasonable search for relevant and responsive nonprivileged documents. These days, such searches include exploring not only hard-copy files, but also computer hard drives, e-mail accounts, personal digital assistant devices and other sources of electronic information. But whose files do we search?

Parties may assume that the scope of a search for documents is limited to a corporate party’s general hard copy and electronic files and those of its employees. Not so. Pursuant to Rule 34, a party is required to produce all documents “within its...

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