Amended Federal Rules of Civil Procedure Focus On E-Discovery

On December 1, 2006, amendments to the Federal Rules of Civil Procedure relating to pretrial discovery of electronic documents and data will go into effect. These rules codify obligations of parties and recipients of subpoenas in federal lawsuits to identify, preserve, and produce electronically stored information. In addition, they require parties at the outset of a case to confer about electronic discovery, develop a production plan, and bring to the court’s attention any unresolved issues relating to the preservation or production of electronically stored information. The rules also address two concerns that arise particularly in connection with electronic discovery: inadvertent production of privileged information and inadvertent destruction of relevant information. As a result of the new rules, companies will need to understand their information systems thoroughly and be in a position to educate outside counsel promptly about them when, if not before, litigation commences.

Click "Download PDF" for more information about the rules’ changes and their practical implication.