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Federal Rules Of Civil Procedure |
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (“FRCP”) were amended effective 01 December 2006 to address important issues relevant to the discovery of Electronically Stored Information (ESI). Notable amendments include: Rule 16(b), Rule 26(f), Form 35 - Parties must discuss the discovery of Electronically Stored Information before the pretrial conference and may include any provisions in the scheduling order. Rule 26(b)(2) - A party need not provide discovery of Electronically Stored Information identified as not reasonably accessible due to undue burden or cost. Rule 26(b)(5) - Claw back” procedures are available in the event of inadvertent production of privileged documents. Rule 33(d): - Parties may sufficiently answer an interrogatory by producing business records, including Electronically Stored Information. Rule 34: - Any party may serve on any other party a request to produce Electronically Stored Information. The request may specify the form or forms in which Electronically Stored Information is to be produced. Rule 37(f): - Absent exceptional circumstances, a court may not impose sanctions on a party for failing to provide Electronically Stored Information lost as a result of the routine, good faith operation of an electronic information system. Detailed information on the FRCP amendments is contained within the following PDF document on the Administrative Office of the U.S. Courts web site: http://www.uscourts.gov/rules/EDiscovery_w_Notes.pdf |
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