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.

For information and privacy requests, see secondaries 292-30 and 292-40.

non-OPR NOTE: Offices will retain non-OPR copies of records for: SO nil DE

Primary-Secondary Records Series OPR
352-00 Policy and procedures SO nil DE
352-01 General CY+2y 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.
SO nil DE
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.
SO nil DE
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.
SO+1y nil DE

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