State Officials’ Home Computers Subject to Discovery?
December 6, 2007 – 5:59 amA lawsuit in Tennesee alleges that the state is failing to provide adequate health care to poor children. A lawsuit filed by a Tennessee non-profit group claims that the state wrongly allowed records and computer files to be deleted from state computer systems. The group sought - and received - a court order allowing the removal of computers from the homes of any state officials, including the governor, who have kept relevant information on them. The 6th Circuit U.S. Court of Appeals has put a temporary halt to the order and must now decide whether to make that halt permanant.
It will be interesting to see how the appeals court rules. It is critical for plaintiffs to be able to discover relevant evidence to prove their case. It should not matter what form that evidence takes, whether it is paper or electronic. But should a lawsuit against the state subject a governor’s home computer to discovery? Until we find out how far courts are willing to push electronic discovery rules - be careful what you save on your home computer.
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