Besman v. Stafford

Citations

• 2021 Ohio 3927

Syllabus

Bennett test motion to compel discovery forensic imaging abuse discretion motion for sanctions for spoliation. The trial court abused its discretion when it granted the appellee's motion to compel discovery because it did not apply the two-part test outlined in Bennett v. Martin, 186 Ohio App.3d 412, 2009-Ohio-6195, 928 N.E.2d 763 (10th Dist.), where the trial court must first weigh the necessity of obtaining the electronic discovery against any privacy concerns: A court must weigh the significant privacy and confidentiality concerns inherent in imaging against the utility or necessity of the imaging. In determining whether the particular circumstances justify forensic imaging, a court must consider whether the responding party has withheld requested information, whether the responding party is unable or unwilling to search for the requested information, and the extent to which the responding party has complied with discovery requests. Additionally, the trial court abused its discretion when it denied the appellants' motion for sanctions for spoliation without a hearing.