Legal Question in Technology Law in Maryland

Scanned documents

It depends what the documents are and why you need them. If you are talking about, forexample (to use an extreme one), negotiableinstruments, it would not be wise to do this.If you are talking about general business records, it may make sense. You need toconsult with counsel as to the specific typesof documents and the means of storage to determine whether such a course of action isappropriate.

Scanned documents

Although my good friend Dan Press beat me to the punch, you basically won't have a problem with this approach PROVIDED you make sure this procedure is followed systematically, so you can reliably find and reproduce desired documents. Not a trivial task by any means, but there are lots of specialists getting into this field.

Another excellent lawyer has written an FAQ from which I will quote:

-- Documents in electronic form

Are documents stored electronically "legal"? The correct legal framework inwhich to consider this question is whether electronic documents will beadmissible as evidence in a court proceeding or valid to substantiate a taxdeduction or similar matter. (Obviously, unless there is some disputeinvolving the electronic document, any questions about whether they are "legal"are moot.)

Fortunately, the Federal Rules of Evidence and most state evidence codes andrules are very liberal in this regard. Under the Federal Rules, a "duplicate"of an original is admissible evidence, *and* no original document can berequired to be introduced if the original has been lost or destroyed. Thisprinciple applies to electronic images of documents.

Moreover, business records which are maintained in exclusively electronic formwill be admissible under universally recognized exceptions to the hearsay rule.Some states, like New York, have expressly authorized by statute thedestruction of original documents and retention of copies in another medium,deeming the copies admissible. Nearly every jurisdiction follows this rule.

And the Internal Revenue Service will accepts copies of just about anything.

Accordingly, a business whose regular practice is to maintain its records inelectronic form (or, indeed, in microfilm, microfiche, or other similar form)may be assured that its records will be admissible as evidence in any contestedproceeding involving those records.

__________

As Daniel said, given the magnitude of your investment in this process, having your local attorney review and approve the procedures will be cheap insurance. I think your plans should probably include a set procedure for retaining the original of documents which are more than evidence that something was said or done; i.e., original signed contracts.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

different documents have different requirements

The other advise given is very general and properly so. Without more detailed info none of our answers can be specific.Consult local counsel