Why FRCP Matters
FRCP Amendments Affect ALL Businesses, Public or Private
As a result of the rise in electronic communications in recent years and amendments to the U.S. Federal Rules of Civil Procedure (FRCP) surrounding electronically stored information (ESI), email as evidence is becoming more and more common in legal proceedings. In fact, email is now included in about 75 percent of all e-discovery proceedings.
In December 2006, after scores of cases began relying solely on email messages as evidence, the federal court system enacted amendments to the FRCP regarding the proper handling of email. These amendments require any organization with the potential for involvement in litigation within the U.S. federal court system (which is most public and private companies) to:
- Be able to produce emails requested as evidence in a federal court case in their native format
- Have a clear understanding of where their data is stored and how to retrieve it in a timely manner
- Honor a legal hold by halting any previous purging practices until the legal matter is settled
- Prove authenticity of the communications in question (i.e. that they are tamper-proof).
FRCP Challenge: Find It within 99 Days
Since electronic discovery has loomed so large in litigation, the United States federal court system has instituted a new standard for civil cases involving electronic records. December 1, 2006 amendments to the Federal Rules of Civil Procedure call for both parties to meet early about discovery. Within 99 days of litigation initiation, parties must meet to discuss the scope and accessibility of electronic records. This “Meet and Confer” conference, also called the Rule 26 Meeting, can result in much more effective discovery, but only if a company is prepared to discuss their electronically stored information (ESI), search through it efficiently and produce relevant records effectively. Being prepared to discuss ESI means you must already have a system in place to organize emails or find a system that can be deployed quickly when needed.
LiveOffice can help your organization get FRCP-ready.
