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By Rebecca Hsu

During the course of discovery, plaintiff Luellen requested that defendant Hodge produce bank account records.  Hodge failed to produce the bank account records, claiming that the bank, Capital One (and Charter One), had destroyed these records already. Luellen argues that Hodge was aware that the records were being sought for discovery and deliberately allowed the records to be destroyed.

Luellen argues that Hodge had two different ways of being aware that the records were relevant to litigation and thus had a duty to preserve the records. First, Hodge was served with Luellen’s interrogatories, requesting information relating to bank accounts in Hodge’s name. Second, Hodge filed a motion for a protective order requesting that the Court quash a subpoena directed to Charter One. The fact that Hodge sought a protective order regarding the bank indicates knowledge that the bank records were sought for discovery.

Read the original article at: Hiding Bank Account Records Can Be Criminal—Not Just For the Mob! | eLessons Learned – An ediscovery best practices blog, written by law students.

 

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