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Over the past decade courts have grappled with how to
treat paperless records: are digital records subject to state and
federal sunshine laws? What digital records must be produced as
part of the civil discovery process. Must litigants retrieve old
files from discarded hard drives? Must litigants migrate files
that exist only in old formats in order to comply with discovery
requests or court orders? Under what conditions will digital
records be considered good evidence in litigation? This work
group will explore how courts are treating digital records, what is
required for a digital record to be considered good or credible
evidence. It will also make recommendations to those how create,
store, and manage digital records to help ensure the records they
preserved retain their evidentiary value.
Board
Liaison: Deb Markowitz, Vermont Secretary of State
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