The Poetry of e-Discovery – SANCTIONS

Rule 37 (e), Written as New Poetry, with Chat GPT.

All Inspiration, Prompts and QC by Me, Human Ralph Losey.

In courts of justice, where evidence electrons dwell,

A tale of preservation, we now shall tell,

Rule 37(e), a guiding light,

In a digital world, where data takes flight.

Spoliation looms, a shadow cast,

The duty to preserve, from present to past,

For parties engaged in legal dispute,

Electronically stored, the truth we pursue.

But failures arise, as humans we err,

Information lost, a dark specter to bear,

Reasonable steps, a standard to keep,

Yet, restoration and discovery, a challenge so steep.

The court takes the helm, its powers displayed,

In sanctions it wields, a judgment relayed,

Two paths diverge, based on consequence and intent,

A balance, a fairness, judicial temperament.

First, prejudice found, a burden to bear,

Measures imposed, no greater, they swear,

To cure the harm, the scales to align,

A tempered response, judicious design.

Yet, in darker corners, intent may reside,

To deprive others, the truth to hide,

A graver offense, the court must address,

With sanctions befitting, this willful transgress.

Three options emerge, a trio of fates,

Presumptions unfavorable, the court evaluates,

The jury instructed, to weigh the cost,

Of lost information, forever embossed.

Dismissal or default, the harshest decree,

When intent is clear, the court’s remedy,

A stark conclusion, the case to end,

No path to redemption, no chance to mend.

Through Rule 37(e), a story unfolds,

Of preservation and sanctions, a tale often told,

Spoliation confronted, with fairness and care,

A poetic reminder, in a digital world we share.

Rule 37(e) Poem read angrily by one of my favorite, fierce Ais.

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