Ranta v. Ranta
Ranta v. Ranta
2004 WL 504588 (Conn. Super. Ct. 2004)
February 25, 2004
Tierney, Kevin, Superior Court Judge
Summary
The court ordered the plaintiff to deposit her laptop computer and any computer storage devices with the Chief Clerk of the Superior Court and marked as a Court Exhibit. The defendant was required to purchase and deliver a new laptop computer and computer storage devices to the plaintiff's home. The new laptop computer and computer storage devices became the sole property of the plaintiff, and the trial judge entered orders disposing of the laptop computer and computer storage devices marked as exhibits. This ensured that the Electronically Stored Information was handled in a secure and legally compliant manner.
Note: This is an unpublished decision. Check your jurisdiction’s rules about citing unpublished decisions before citing this case to a court.
Mary RANTA
v.
Jeffrey RANTA
v.
Jeffrey RANTA
No. FA980195304S
Superior Court of Connecticut, Judicial District of Stamford-Norwalk
February 25, 2004
Counsel
Nancy Segore-Freshman, Westport, for Mary Ranta.Schoonmaker George & Colin, PC, Greenwich, for Jeffrey Ranta.
Tierney, Kevin, Superior Court Judge
Opinion
*1 (1) The Plaintiff, Mary Ranta, is hereby Ordered Immediately to stop using, accessing, turning on, powering, copying, deleting, removing or uninstalling any programs, files and or folders, or booting up her lap top computer located in her home at 320 Sound Beach Avenue, Old Greenwich, Connecticut.
(2) The Plaintiff shall immediately deposit said laptop computer with, John Morrow, Chief Clerk of the Superior Court, 123 Hoyt Street, Stamford, CT and said laptop computer shall be marked as a Court Exhibit in the above file and stored in the Evidence vault at said Superior Court.
(3) Said order shall extend to any and all floppy disks, CDs, zip files or any other similar type of computer storage device.
(4) Neither party, counsel nor anybody acting on behalf of either party or counsel, directly or indirectly, shall edit, access or otherwise tamper with said laptop computer and/or any computer storage device marked as an exhibit.
(5) The said laptop computer and said computer storage devices will only be accessed and read in open court when the said laptop computer and said computer storage devices are accessed by a recognized computer expert under oath testifying from the witness stand. The hearing shall be open to the public.
(6) In the event the plaintiff shall object at said hearing on the ground of privilege or any other grounds, the presiding judge may continue the computer expert examination in camera.
(7) Thereafter the plaintiff's counsel will prepare a written privilege log of any items subject to any privilege and the written privilege log will be submitted to defendant's counsel. The written privilege log will be filed as a pleading.
(8) In the event defendant's counsel wishes access to any document claimed in the privilege log, a hearing will be held in open court concerning the claim of privilege.
(9) The parties shall pay equally all costs and expenses associated with the computer expert, unless otherwise ordered by the court.
(10) The computer expert shall sign a confidentiality agreement that the results of the search of the said laptop computer and said computer storage devices will be kept confidential and not disclosed to anyone, directly or indirectly. Both counsel shall prepare said agreement.
(11) The parties shall mutually select the computer expert and if the parties cannot agree, the parties shall each submit the names and addresses of two computer experts and the court will select the computer expert among those four names.
(12) The defendant shall purchase and deliver at his own cost and expense a new laptop computer containing power and programs similar to that of the Plaintiff's current said laptop computer. The defendant shall purchase at his own cost and expense replacement computer storage devices. The defendant shall provide and pay for the installation and setup of said laptop computer and computer storage devices in the Plaintiff's home at 320 Sound Beach Avenue, Old Greenwich, Connecticut This replacement laptop computer with replacement computer storage devices will be in operable condition and the replacement will occur simultaneously with the placement of the said laptop computer and computer storage devices into evidence in accordance with this Order.
*2 (13) At no time will any person access said laptop computer for the purpose of installing and activating the new laptop computer.
(14) The Plaintiff, prior to the installation of the new laptop computer, will provide the defendant with a list of all programs, files and folders currently used in said laptop computer. In the event that said items are not readily available to the installer, the plaintiff shall at her own cost and expense provide copies of said programs, files and folders for installation on the new laptop computer. Thereafter the new laptop computer and the programs, files, folders and computer storage devices will become the sole property of the Plaintiff.
(15) The trial judge will enter orders disposing of the said laptop computer and said computer storage devices marked as exhibits in accordance with General Statutes section 46b-81.