Motion for Sanctions Under FRCP 37(e): Motion or Motion Notice

This legal template is a motion or motion notice seeking sanctions under Federal Rules of Civil Procedure (FRCP) 37(e). FRCP 37(e) deals specifically with the preservation of electronically stored information (ESI) and the potential sanctions for failing to preserve such evidence.

The motion may be filed by a party to a civil litigation case who believes that the opposing party has failed to meet their obligations in preserving relevant ESI. The ESI could include electronic documents, emails, databases, or any other form of electronically stored information that is crucial to the case.

The purpose of filing this motion is to request sanctions against the opposing party for their failure to preserve ESI, which may have resulted in the loss or destruction of potentially important evidence. Sanctions may vary depending on the severity of the violation and the impact on the case, but they can include monetary fines, adverse inference instructions to the jury, or even case dismissal.

The motion or motion notice will typically present a detailed argument as to how the opposing party failed in their duty to preserve ESI, describing the impact of this failure on the movant's ability to present their case effectively. It will cite relevant FRCP rules and legal precedents to support the request for sanctions.

This template will provide a structured format with specific sections for detailing the arguments, citing the applicable rules and supporting case law, specifying the requested sanctions, and providing any necessary supporting evidence. It is intended to assist legal practitioners in drafting a formal and comprehensive motion or motion notice for sanctions under FRCP 37(e).