Preservation Scope

Preservation Scope

Preservation Scope

Preservation scope specifies the boundaries of the hold: which people, which systems, what categories of data, and what time period. It should be documented with the reasoning supporting each boundary.

Scope may expand or contract as the matter develops.

Alternative Names:

Scope of Preservation, Hold Scope

Why it Matters?

Scope decisions are where reasonableness is judged after the fact, and the defensible position is a documented analysis rather than either extreme. Preserving everything is expensive and often impractical; preserving too narrowly invites sanctions. Recording why particular custodians and date ranges were selected, and revisiting the scope as claims develop, is what distinguishes a defensible judgment from an arbitrary one.

Frequently asked questions

How broad should preservation scope be?

How broad should preservation scope be?

Broad enough to capture reasonably relevant material given the known claims, documented with the reasoning. Both over-preservation and under-preservation carry costs.

Should scope be revisited?

Should scope be revisited?

Yes. As claims develop, custodians and date ranges may need expansion, and documenting each revision supports the reasonableness of the overall approach.