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By Josh Gilliland

The form of production and metadata are center of many motions in compel. One such battle was fought in a case in Alaska regarding insurance coverage. The requesting party sought the production of an affidavit of a deceased insured that was key to determining whether a vehicle was covered or not. The first affidavit was not signed, but another version was after some modifications. Johnson v. RLI Ins. Co., 2015 U.S. Dist. LEXIS 115308 (D. Alaska Aug. 31, 2015). The request for production sought the original affidavit and “any draft, revision, and previous version of this affidavit.” The producing party produced the discovery as .pdf’s.

 

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