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

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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.

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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.

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