Rule 4:23-6 Electronically Stored Information

If your computer system automatically deletes or overwrites files as part of its normal, everyday operation, you generally cannot be punished by the court for losing that data. This applies as long as the system was running normally and you were not trying to hide or destroy information on purpose.

For example, many businesses have email systems that automatically delete old messages after a certain number of days. If those emails are lost because of that automatic process, the court will not penalize you for failing to turn them over.

The key word here is "good faith," which means you were not acting sneaky or dishonest. If you deleted files on purpose to keep them out of court, this protection would not apply to you.