352 - Legal Requests for Records
Records relating to legal requests for records in a ministry’s or agency’s control and custody that may be relevant in a lawsuit. This includes requests for records during the formal document discovery process.
Records types include correspondence, forms, lists, logs, and other types of records as indicated under relevant secondaries.
non-OPR NOTE: Offices will retain non-OPR copies of records for: SO nil DE
|352-00||Policy and procedures||SO||nil||DE|
|352-02||Legal request log
SO = when updated and no longer required for reference purposes
NOTE: This log tracks the status of all legal requests for records. It is created and maintained on a word processing document, spreadsheet or simple database.
|352-03||Legal request search strategies
SO = when no longer required for reference purposes
NOTE: This secondary documents the strategy used by records staff in retrieving records that were difficult to locate. The information is used in responding to future similar legal requests for records.
|352-20||Legal requests for records
(includes copies of court orders and writs of summons, signed file and file list transmittal slips, lists of active and semi-active records in the government lawyer’s possession, and signed forms or affidavits confirming that the search for potentially relevant records has been completed)
SO = upon written confirmation to the requesting lawyer that all reasonable attempts to locate records have been made and when no longer required for reference purposes
DE = Legal requests for records can be destroyed upon approval of the Records Officer because civil actions to which the Crown is a party are documented in case files maintained by Legal Services.