White Paper:
Federal Rules of Civil Procedure

Preview:

More than 50 court opinions on electronic discovery have been issued since the Amendments to the Federal Rules of Civil Procedure (FRCP) took effect about a year ago.

These opinions can guide organizations and IT departments about which aspects of the FRCP are really important because the courts often base future decisions on prior opinions.

Some of the things IT can learn include the following:

• The courts are no longer tolerant of organizations that have not implemented timely programs to accurately retrieve email.

• Just implementing a policy for retention and litigation hold is not enough. Companies must prove they are enforced at all levels.

• The penalties for failing to meet the FRCP deadlines can be an order of magnitude larger than putting a system in place.

• Limited staff and resources are not excuses for missing deadlines, even for small organizations.

It is difficult to identify a single U.S. entity that could not feel the Federal Rules of Civil Procedure. There are no exceptions for company size, non-profit status, or foreign organizations. The FRCP apply to law suits that cross state lines and many court cases that involve federal regulations, such as workplace safety, immigration, and discrimination. States are also starting to adopt the major provisions of the FRCP for state courts.

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