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Only if the records were actually destroyed would you have an excuse for not producing said records.
Any records that are still in your possession, regardless of whether they should be in your possession or not, will need to be turned over, unless you can show a different reason for not turning them over (such as "nonresponsiveness", privileged, etc...)
But the fact that you had a policy that was not followed, even because of a glitch, would not be a basis that you could refuse to turn over documents in your possession.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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Not the answer we were hoping for, but understood. Thank you so much for the quick response - no further questions.
I understand your position. That's why it's important to have a records retention policy and strictly apply it.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
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