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Forced Preservation
2019
To be admissible under the hearsay rule's business records exception set out in Federal Rule of Evidence 803(6), the record in question must have been "kept in the ordinary course of a regularly conducted business activity." Many electronic records, however, remain in a company's files only because the company had a duty to preserve them once it reasonably anticipated litigation or a government subpoena. The company otherwise typically would have deleted those electronically stored data in the
doi:10.7916/stlr.v11i0.3845
fatcat:25iuwt7d3bf3nkkoj7ivd4h7nq