CCSK · Question #104
Generally speaking, in the United States, a party is obligated to take reasonable steps to prevent the destruction or modification of data in its possession that it reasonably should know, is…
The correct answer is B. True. In the US, the legal doctrine of litigation hold requires parties to preserve data they reasonably anticipate will be relevant to litigation or a government investigation.
Question
Generally speaking, in the United States, a party is obligated to take reasonable steps to prevent the destruction or modification of data in its possession that it reasonably should know, is relevant to an anticipated litigation or government investigation.
Options
- AFalse
- BTrue
How the community answered
(36 responses)- A28% (10)
- B72% (26)
Why each option
In the US, the legal doctrine of litigation hold requires parties to preserve data they reasonably anticipate will be relevant to litigation or a government investigation.
False is incorrect because the duty to preserve is a well-established legal obligation under FRCP Rule 37(e) and extensive case law, not merely a best practice.
True - US courts and the Federal Rules of Civil Procedure recognize a duty to preserve electronically stored information once litigation is reasonably anticipated. Failure to preserve relevant data can result in spoliation sanctions, adverse inference instructions, or case dismissal, making this a foundational eDiscovery obligation.
Concept tested: Legal hold duty to preserve ESI
Source: https://www.law.cornell.edu/rules/frcp/rule_37
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