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Frequently Asked Questions
About Document & Records Management

• When can records safely be destroyed?
• Will courts second-guess records retention periods approved by management?
• Will courts admit into evidence records produced electronically?
• When do courts require records management and records retention programs?
• What procedures ensure that records can withstand judicial scrutiny?
• What is the responsibility of the records manager in litigation?

Q:   WHEN CAN RECORDS SAFELY BE DESTROYED?

A:  Records can only be destroyed after a corporate Retention Schedule has been approved by Legal Counsel.

Q:   WILL COURTS SECOND-GUESS RECORDS RETENTION PERIODS APPROVED BY MANAGEMENT?

A:  Not when the corporation consistently follows a pattern of destruction across ALL departments and the time periods are consistent from year to year.

Q:   WILL COURTS ADMIT INTO EVIDENCE RECORDS PRODUCED ELECTRONICALLY?

A:  Yes.  That is why it is so important to be able to track all copies of a document regardless of how they were created.

Q:   WHEN DO COURTS REQUIRE RECORDS MANAGEMENT PROGRAMS?

A: When you start destroying any records.  If you have NEVER destroyed a record, no program is required.

Q:   WHAT PROCEDURES ENSURE THAT RECORDS CAN WITHSTAND JUDICIAL SCRUTINY?

A: 1) Consistency - All records in a given class (category) must be retained a consistent number of years.  2)  Exceptions - Must be carefully documented and valid (i.e., IRS - Litigation with specific case reference).

Q:   WHAT IS THE RESPONSIBILITY OF THE RECORDS MANAGER IN LITIGATION?

A: To produce ALL records required in discovery for the years involved.