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Electronic Discovery Under the Amended F.R.C.P
A Freeborn & Peters White Paper by Hillard Sterling, Partner
www.freebornpeters.com
Abstract
Effective December 1, 2006, several of the Federal Rules of Civil Procedure were amended to address issues relating to the discovery of electronic data. As explained in the Committee Notes (the "Notes"), the rule changes
"confirm that discovery of electronically stored information [ESI] stands on equal footing with discovery of paper documents." The definition of ESI is "expansive and includes any type of information that is stored electronically"
and covers information "stored in any medium." (Emphasis added.)
ESI
includes any electronic data such as e-mail, word-processing documents,
spreadsheets, instant messages, voicemail stored on databases, and any
other
information stored on computers, computer systems, servers, archives,
backup or
disaster recovery systems or other electronic media. These changes
to the
Federal Rules are significant and affect all stages of the discovery
process as
well as the parties' responsibilities to preserve ESI when litigation
is
reasonably anticipated. Counsel and their clients must now focus on
ESI very
early in every case and as they approach each stage of the discovery
process.
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