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Federal Rules Of Civil Procedure

Summary

The U.S. Supreme Court has recently ratified changes to the Federal Rules of Civil Procedure (FRCP), which took effect on December 1, 2006. These changes shift the rules of discovery in a legal proceeding from a focus on policies for electronic records retention, disposition and preservation, to a focus on procedures that will streamline evidence presentation.

The amendments introduce the phrase “electronically stored information” to Rules 26(a)(1), 33, and 34, to acknowledge that electronically stored information is discoverable. The expansive phrase is meant to include any type of information that can be stored electronically. It is intended to be broad enough to cover all current types of computer-based information, and flexible enough to encompass future changes and technological developments.

Key questions for information technology include:
  • Where is the data in question?
  • What actions were taken to preserve it?
  • How can the data be searched and reproduced?
  • Just what is the company's established data retention/deletion policy?

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Vivek Kundra
CIO United States Of America

Wall Street Journal