Federal Rules Of Civil Procedure: Major Amendments

VARs are taking a closer look at data storage, electronic discovery and other solutions emerging from changes in the Federal Rules of Civil Procedure (FRCP).

Here are major amendments to the FRCP, exerpted from an overview of the changes by AIIM, the Enterprise Content Management Association:

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Rule 16 -- The scheduling order (the court's official time line for a lawsuit) may now address disclosure or discovery of electronically stored information.

Rule 26 -- Substitutes the word "electronically stored information" for "data compilations" as a category for initial disclosures and discusses the burden of proof related to whether a party to litigation can be excused from providing discovery of that information due to "undue burden or cost."

Rule 33 -- Electronically stored information may qualify as business records from which answers to requests for information (interrogatories) during litigation may derived.

Rule 34 -- Specifies that the default format for electronically stored information is the format in which it is ordinarily maintained or is reasonably usable.

Rule 37 -- Courts cannot impose sanctions on a company for failing to provide electronically stored information that lost due to "routine, good-faith operation," meaning that data can be altered or deleted as part of a systemized, well-documented records management process.

Rule 45 -- Changes to Rule 26 and Rule 34 apply to data subpoenaed from third parties.

*NOTE: This information is for reference only and should not be considered as legal advice.