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A legal hold is a process that an organization uses to preserve all forms of potentially relevant information when litigation is pending or reasonably anticipated. [1] It is often issued when an organization receives a request for production in pending litigation.
In file systems, case preservation is the preservation of the letter case (uppercase or lowercase) of letters in file names. If an attempt is made to create a file named "ThisIsAFile" on a file system that preserves letter case, the file's name will be "ThisIsAFile", rather than, for example, "thisisafile" or "THISISAFILE".
Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice , and these two kinds of crimes are often ...
For example, Interpol has published standards to combat corruption, and Standard 4.12 [5] refers to systems and states: "Having and maintaining systems of revenue collection, money and property handling and for the control and preservation of evidence that ensures that those collecting or handling money, dealing with evidence or handling ...
The preservation of metadata from electronic documents creates special challenges to prevent spoliation. In the United States, at the federal level, electronic discovery is governed by common law , case law and specific statutes, but primarily by the Federal Rules of Civil Procedure (FRCP), including amendments effective December 1, 2006, and ...
Documentation should include the conditions under which the evidence is gathered, the identity of all evidence handlers, duration of evidence custody, security conditions while handling or storing the evidence, and the manner in which evidence is transferred to subsequent custodians each time a transfer occurs (along with the signatures of ...
For example, relevant evidence may be excluded if it is unfairly prejudicial, confusing, or the relevance or irrelevance of evidence cannot be determined by logical analysis. There is also general agreement that assessment of relevance or irrelevance involves or requires judgements about probabilities or uncertainties.
For example, a questioned document may be a sheet of paper bearing handwriting or mechanically-produced text such as a ransom note, a forged cheque, or a business contract. It may be material not normally thought of as a "document"; FDEs define the word "document" very broadly, as any material bearing marks, signs, or symbols intended to convey ...