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What are the Federal Rules of Civil Procedure (FRCP)?

information about the Federal Rules of Civil Procedure (FRCP)

What are the Federal Rules of Civil Procedure (FRCP)?

The FRCP govern court procedures for civil suites in the US District courts. Wikipedia's information about FRCP.

What do the amendments to the Federal Rules of Civil Procedure (FRCP) mean?

The Federal Rules of Civil Procedure apply to any organization that has the potential to be involved in litigation in the U.S. Federal Court system. The amendments, which went into effect on December 1, 2006, mandate that companies be prepared for electronic discovery. The organization must know where their data is, how to retrieve it, how to meet data requests and they must determine what data will not be subject to search.

What organizations are impacted?

Any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system.

When did the amendments to the FRCP go into effect?

The amendments went into effect on December 1, 2006.

What happens if an organization is not prepared for litigation?

Organizations that do not have an automated system in place to help them effectively store, search and retrieve email data in real-time face paying high costs for “rush job” discovery requests. In some instances, failure to produce the requested data in a timely fashion may even lead to the loss of a lawsuit.

Required procedures

  • Rule 16(b):A description of all electronically stored information must be presented within 99 days of the beginning of a legal case.
  • Rule 26(a):Electronically stored information, including email, must be searched without waiting for a discovery request.
  • Rule 26(b):A party need not provide discovery of electronically stored information...if there is an undue burden. This requires the organization to prove that using an email archiving service is an onerous expense.
  • Rule 26(f):Requires litigants to discuss any issues relating to preserving discoverable information. This requires legal counsel to know how emial are being retained and they can be searched and retrieved.
  • Rule 34(b):Requires requesting party to deignate the form in which it wants electronically stored information to be produced; requires the responding party to identify the form in which records will be produced.
  • Rule 37:Establishes a safe harbor provision for deleting records. This requires organization to establish policies for the deletion of emails.

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