Federal Rules of Civil Procedure Amendments
April 16th, 2009 Filed Under E-discovery, FCRP 26(c), legal news
Litigation readiness by corporations is a necessity of operating effectively in todays business environment. The following is a list of some of the recent amendments to FCRP that every prudent general counsel should know.
Rule 16: Pretrial Meetings
Requires all parties to meet and discuss a discovery plan and evaluate the preservation and production of ESI.
Rule 26(a): Duty to Disclose
Requires parties to identify all sources of ESI that may be relevant by category and location.
Rule 26(b): Discovery Scope and Limits
Every organization has “a duty to disclose all potentially relevant sources of information” to the courts as soon as they “reasonably anticipate” litigation unless these sources are “not reasonably accessible because of undue burden or cost.”
Rule 26(f): Planning for Discovery
Requires opposing parties to meet before the trial, or at least 21 days before a scheduled conference to discuss the nature and basis of their claims in an attempt to speed the possibilities of a prompt settlement.
Rule 34(a): Producing Documents
Electronically stored data – including email – is one of the types of records which can be requested for inspection by opposing parties.
Rule 34 (b): Procedure and Form of Production
As a part of the discovery process, the responding party should provide a “proposed plan for discovery” and produce all requested information, including ESI, in a form that is “reasonably useable.”
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