What is the test for establishing that evidence will be lost or destroyed?
MultiRegion, United States of America
The following excerpt is from Al Otro Lado, Inc. v. Nielsen, Case No.: 3:17-cv-02366-BAS-KSC (S.D. Cal. 2018):
evidence will be lost or destroyed. [ . . . . ] [Second], the proponent must show that the particular steps to be adopted will be effective, but not overbroad . . ."). "The difference between these two tests lies in what the moving party must show with respect to the content of the evidence that is in danger of being destroyed. However, the distinction is more apparent than real." Treppel v. Biovail Corp., 233 F.R.D. 363, 370 (S.D.N.Y. 2006).
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