QUESTION

Are internal business e-mails subject to" discovery" under a civil suit?

Asked on Apr 30th, 2012 on Civil Litigation - Nevada
More details to this question:
As a small business, I have my business plan, propriety information, company minutes and everything else of value transcribed into internal e-mails. Am I at risk if I go to civil trial that my internal LLC e-mails will become subject to "discovery"?
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1 ANSWER

Civil Litigation Attorney serving Arlington, VA
2 Awards
While you might be able to make the case that some of those emails are outside of the scope of the litigation or that they include trade secrets, as a general matter, your business emails will be subject to discovery in a civil suit. Of course, that is presuming that your business is party to the suit.  If the civil case is a personal matter, your business email will likely be irrelevant.  However, if your business is a party to the lawsuit, your emails are very likely to be part of discovery. For reference: the same is true of your hard-copy business documents.
Answered on May 03rd, 2012 at 5:24 PM

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