Top Ten Things To Know About The Federal Rules Of Civil Procedure Addressing Electronically Stored Information


1. The 12/1/06 rule changes make explicit the duties that already existed. Electronically stored information (ESI) has been discoverable for a long time. The courts have applied the prior rules of civil procedure and developed several duties concerning e-discovery:

a. duty to understand your client’s ESI system

b. duty to preserve ESI

c. duty to locate, disclose, and produce ESI

2. Duty to preserve ESI:

When does it arise? Usually before the client even consults an attorney. In a non-ESI context, Fourth Circuit has ruled that the duty to preserve evidence arises when a party reasonably should know that the evidence may be relevant to anticipated litigation.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nexsen Pruet, PLLC | Attorney Advertising

Written by:


Nexsen Pruet, PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.