Motion for Reconstruction of Electronic Data

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case [Form] No.: 3.1

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

________________________________ )

Moving Party: _______________

Respondent: ________________

[Address of Respondent] _____________

__________________________________

MOTION FOR RECONSTRUCTION ¹

OF

ELECTRONIC DATA ²

The Movant, _____________, by and through his attorneys, hereby requests that this honorable court issue its order compelling the Respondent to comply with the Notice For Production duly previously submitted to it in the above titled cause by requiring the reconstruction of the Respondent’s computerized information as referred to herein, and further that this court impose sanctions upon the Respondent requiring him to pay to the Movant the reasonable costs and attorney fees incurred with respect to this motion for the following reasons:

1. The Movant, in accordance with applicable rules, submitted a Notice For Production to the Respondent on _________, 20__, requesting the production of certain documents and records located at the offices of _____________ located at ________________________ ________________________________________________.

2. The requests listed in the Notice For Production included: “writings, notes, drafts, outlines, recordings and files, regardless of storage media; they included, but were not limited to: writings contained on paper, recordable tape, celluloid, disks, hard drives, electronic mail servers and any other digitally stored media.”³

3. The Respondent did produce certain documents in response to the Notice, but with respect to other relevant records and files, the Respondent indicated that the information once existed and was within its possession and control, but that such information, curiously:⁴

   [a] had been deleted from all of the hard drives of every computer in the...