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  • Amendments to the U.S. Federal Rules of Civil Procedure, which became effective on December 1, 2006. The new rules explicitly recognize electronically stored information and describe procedures to make it available in discovery. This obligation includes metadata. Principal provisions are summarized as follows as they affect e-Discovery: >Rule 26 Automatic Disclosure of ESI: Parties in litigation must provide a copy (or description by category and location) of ESI that will support that party's claims and/or defenses. >Rule 26 Enhanced Meet and Confer Requirements: Parties must meet and confer at the outset of the case to discuss their plans and proposals regarding the conduct of the litigation, including any issues relating to preservation, disclosure or discovery of ESI, including the form in which ESI should be produced and claims of privilege, or protection as trial-preparation material. >Rule 26 Inadvertent Production of Privileged Information: If discovery information is subject to a claim of privilege, or protection as privileged trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party is required to promptly return, sequester, or destroy the specified information and any copies it has and is not permitted to use or disclose the information until the claim is resolved. >Rule 26 Production Of Information "Not Reasonably Accessible": A party need not provide discovery of ESI from sources that the party identifies as "not reasonably accessible because of undue burden or cost." The party being asked to produce ESI bears the burden of demonstrating the information is not reasonably accessible because of undue burden or cost. Even if that showing is made, the court may nonetheless order discovery from that party if the requesting party shows good cause. >Rule 33 Production Of ESI In Response To Interrogatories: Rule 33 provides the option to respond to an interrogatory by specifying and producing the business records, including ESI, which contain the answer. >Rule 34 Production Of ESI In Response To Requests For Production Of Documents: Rule 34 provides the option to respond to an interrogatory by specifying and producing the business records, including ESI, which contain the answer. >Rule 37 -- The "Safe Harbor" Provision: Rule 37 pertains to remedies for a party's failure to respond to, or cooperate in, discovery. Amended Rule 37 provides that, absent exceptional circumstances, a court may not impose Rule 37 sanctions on a party for failing to provide ESI lost as a result of the "routine, good faith operation of an electronic information system."

  • Browse Related Terms: Basic De-duplication, Cull (verb), e-Discovery Amendments or Electronic Discovery Amendments, Electronic Search, Make-Available Production, On-Line Review, Review, sampling, Toggle, Workflow, Ad Hoc, Workflow, Rule-Based

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

Also listed in:

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

All > Law > E-Discovery

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