Motion to Shift Costs for Reconstructive Electronic Data Discovery

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case [Form] No.: 3.2

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

________________________________ )

Moving Party: _______________

Respondent: ________________

[Address of Respondent] _____________

__________________________________

MOTION TO SHIFT COSTS

FOR

RECONSTRUCTIVE ELECTRONIC DATA DISCOVERY ¹

The Movant, by and through his [or her] attorneys, hereby moves that this honorable court issue its order requiring the Responding Party to incur and pay the costs required to restore and copy electronic data from the computer(s) of the Respondent for the following reasons:

1. The Respondent² submitted a Notice For Production to the Movant on ______________, 20__, requesting that certain documents be produced at the offices of ____________________________ located at _______________________________.

2. The requested documents were described by the Respondent as follows: _______ ___________________________________________________________________

   ___________________________________________________________________.

3. The Movant did fully comply with the Respondent’s demand in a timely manner; the Respondent, however, by way of an additional request, on _________, 20__, required other documents and information that are no longer available and accessible to the Movant.

4. More particularly, the Respondent requested information that the Movant had deleted from its computer hard drive prior to _________, 20__. It is therefore not within the Movant’s ability, skill or expertise to obtain the requested information.

5. The Movant affirmatively states that the subject information, which consists of the following files, was deleted in the ordinary course of its business and without any knowledge or reasonable indication that such information might be requested or needed at a future date:³

   ___________________________________________________________________

   ___________________________________________________________________

6. The Respondent, dissatisfied with the preceding explanation, filed with this court a motion to require your movant to reconstruct the deleted information; this court granted that motion, notwithstanding the lack of expertise on the part of the Movant. Since the entry of the court’s order on _________, 20__, your Movant has determined that the cost to comply with that order is approximately...