Motion: Sanctions Under FRCP 37(e): Proposed Order

This legal template could be a document related to a motion seeking sanctions under Federal Rules of Civil Procedure (FRCP) 37(e). Specifically, it may be a proposed order to be submitted to the court. FRCP 37(e) deals with the possible remedies or penalties that can be imposed on a party for failing to preserve electronically stored information (ESI) that should have been preserved in anticipation or during litigation.

The purpose of this template could be to present a request to the court, asking for the imposition of appropriate sanctions against a party who has failed to fulfill their duty to preserve ESI, leading to its loss or destruction. Sanctions can range from lesser remedies like ordering the party to pay the expenses resulting from the failure, to more severe penalties such as instructing the jury about the lost information, entering default judgment, or even dismissing the case.

The template could include sections outlining the background and facts of the case, emphasizing the importance of the lost ESI to the proceedings. It might also outline the legal arguments supporting the imposition of sanctions under FRCP 37(e), explaining why the opposing party's conduct warrants such penalties.

Furthermore, the template may contain proposed language for the order, laying out the specific sanctions the moving party believes are appropriate in light of the circumstances. The proposed order could request the court to determine the appropriate remedy, consider the factors specified in FRCP 37(e)(1), and issue an order imposing necessary sanctions.

Overall, this legal template likely facilitates the drafting of a motion seeking sanctions against a party for failure to preserve ESI, providing a proposed order that can be customized and presented to the court for consideration and potential implementation.