Computer Illiteracy Is No Defense For Spoilation

You can’t put your hands in the area and say you do not know anything about computers. The Oklahoma Supreme Court recently issued an opinion that a litigant was subject to sanctions: Barnett v. Simmons, 2008 OK 100, 11/10/2008).

The court looked to the standard for sanction in Oklahoma and found no requirement of willfullness. Nor did the federal rule 37(b)(2) require willfullness. The rules merely provide for sanctions if a party has “failed to obey” an order of the court. Willfullness just goes to the severity of sanctions.

For records keeping, you need comply with standards regardless of your individual capability.