Federal Rules Of Civil Procedure: Major Amendments

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

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.

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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.