E-Discovery and Litigation Data
Preservation
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 Confused with
Related terms
Frequently asked questions
How broad should preservation scope be?
Should scope be revisited?
