The common law and amendments to the Federal Rules of Civil Procedure suggest that a client does not need to preserve documents related to a dispute until litigation has been formally filed.

Question

Quizplus · Accepted Answer

The statement is false. The common law and amendments to the Federal Rules of Civil Procedure require clients to preserve documents relevant to a dispute as soon as litigation is anticipated, even before it is formally filed. Failure to preserve relevant evidence could result in sanctions or adverse inference instructions at trial.

The Common Law and Amendments to the Federal Rules of Civil