Judge Rose E. (“Cracklin'”) Jenkins is a fan of the Best Evidence Rule, a/k/a Requirement of the Original, FRE 1002. So she sets the following high hurdles for Objectors to subpoenas duces tecum who claim that documents sought may no longer be available in their original format in David J. Feingold, et al., Docket No. 19354-24, filed 5/1/26.

“…if there is a claim that a document is no longer available due to loss or destruction, an affidavit must be provided, signed under penalties of perjury, addressing what records once existed, what the retention policy was, what actions have been taken to search for the responsive documents, when the destruction occurred, who authorized the destruction, who destroyed the records, how the destruction occurred, and, if applicable, why only photocopies are retained but not the original electronic document in its native format.” Order, at p. 3.

What price litigation holds?