DELETION OF DISCOVERABLE COMPUTER FILES DURING MAINTENANCE MAY BE SANCTIONABLE AS WILLFUL DESTRUCTION

The Supreme Court of Oklahoma held that destruction of computer evidence during litigation, by a technician or computer program, can constitute a violation of discovery rules even when done accidentally in the process of ordinary computer repairs on those computers storing evidence.

The following questions have been addressed in this article:

What was the basis for the Oklahoma Supreme Court’s reversal and remand?
Are there degrees of willfulness?
Does accidental erasure of files constitute willfulness?

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