In re Marion Shipman

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In this discovery dispute, the Supreme Court conditionally granted mandamus relief and ordered the trial court to vacate its order directing a relator to turn over his computer and other electronic devices for forensic examination.Marion Shipman partnered with Mark and Jamie Shelton in various real estate ventures. After their business dealings ceased, a bank sued the Sheltons. Jamie brought a third-party action against Shipman, alleging fraud and breaches of contract and fiduciary duty. Jamie sought to discover a variety of records regarding Shipman’s business dealings with the Sheltons. Dissatisfied with Shipman’s production, Jamie filed a motion to compel and then a second motion to compel, the motion at issue in this case. In his motion, Jamie asserted that Shipman may have destroyed material evidence in this case and asked that the trial court tcompel Shipman to turn over his computer for forensic inspection. The trial court ordered Shipman to product his computer and all “media” for forensic examination. The Supreme Court held that the trial court abused its discretion in ordering Shipman to produce for forensic examination all his electronically stored files of every kind, whether business or personal, and regardless of whether they were related to the issues in the lawsuit, for seventeen years. View "In re Marion Shipman" on Justia Law