What constitutes an original document
In reading an article posted on the K&L Gates site titled, "Failure to Produce Originals could be Spoliation in Third Court" - the case of Bull v. United Parcel Service, Inc., 665 F.3d (3rd Cir. 2012) - I found an interesting note regarding the concept of "original'. Here is an excerpt of the statement:
"As electronic document technology progresses, the concept of an “original” document is becoming more abstract. Moving from the more easily distinguishable photocopy or facsimile to documents created, transmitted and stored in an electronic form means that it will be increasingly difficult to ascertain where the boundary of an objectively reasonable duty to preserve such documents lies."
My question to all of you is this, have you encountered a situation where the document in question is challenged as to its originality and if so, how have you dealt with this?
I look forward to your comments and insights.