Also known as: reasonably access · reasonably accessible · adequate access
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A standard applied to electronically stored information that a responding party need not produce when retrieval would impose undue burden or cost. The responding party must demonstrate inaccessibility on a motion to compel or for protective order. The court may still order production upon a showing of good cause after considering proportionality factors.
A standard applied to electronically stored information that a responding party need not produce when retrieval would impose undue burden or cost. The responding party must demonstrate inaccessibility on a motion to compel or for protective order. The court may still order production upon a showing of good cause after considering proportionality factors.
Select any source to read its text and confirm it supports the definition.
A duty imposed on a common-interest community association to furnish members with information concerning the association, common property, and financial affairs. The duty protects members' legitimate expectations arising from the servitudes relationship. A member challenging an alleged breach bears the burden of proof.
Select any source to read its text and confirm it supports the definition.
A duty imposed on a common-interest community association to furnish members with information concerning the association, common property, and financial affairs. The duty protects members' legitimate expectations arising from the servitudes relationship. A member challenging an alleged breach bears the burden of proof.
Each sense below has its own examples, sources, and questions.
NimbusSoft sues CodeSphere for patent infringement and moves to compel restoration of ten years of deleted server logs stored on obsolete media. CodeSphere submits affidavits showing that specialized vendors would be required and restoration would cost millions. The court denies the motion or conditions any production on a good-cause showing after weighing the burden against the needs of the case.
The party must identify the sources as not reasonably accessible because of undue burden or cost and support that claim with evidence on a motion to compel or for protective order. Once that showing is made, the requesting party must demonstrate good cause for production, and the court may impose conditions such as cost shifting.
Supporting sources
No. The limitation applies whenever a responding party demonstrates that the information is not reasonably accessible because of undue burden or cost, regardless of whether the data reside on legacy media or active systems that would require extraordinary expense to retrieve.
Supporting sources
A member of a common-interest community requests financial statements and maintenance records for common property from the association board. The board refuses, claiming the records are internal. The member sues, alleging breach of the duty to provide reasonable access. The court places the burden on the member to prove the breach caused harm.
The member must prove both that the association breached its duty and that the breach caused harm, unless the action was ultra vires. The duty requires the association to supply information about the association, common property, and financial affairs.
Supporting sources