Evaluate whether backup media should be preserved, sampled, restored, or excluded.
Legacy backups Backup tapes may hold older email, but restoration is costly and live archives cover most of the pleaded period. The wrong move either destroys credibility by hand-waving burden or burns budget restoring data that alternatives already cover. Rule 26(b)(2)(B) Preserve, prove, phase Treat inaccessibility as a documented burden claim plus a discovery design problem. Shortcut Declare the tapes inaccessible and move on. The dispute becomes a proportionality discussion with evidence. Do not let "hard to access" become either "never produce" or "restore everything." 01 Preserve 02 Prove 03 Sample Preservation Risk first
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