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Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Richmond Journal of Law & Technology
The 2006 E-Discovery Amendments to the Federal Rules of Civil Procedure (2006 Amendments or the Amendments) do not directly address the onset or scope of preservation obligations. As noted in the September 2005 Report of the Standing Committee of the Judicial Conference recommending adoption of the 2006 Amendments, preservation obligations “arise from independent sources of law” and are dependent upon “the substantive law of each jurisdiction.” However, the Amendments have a major impact on how parties must analyze and execute preservation obligations involving electronically stored information (“ESI”).
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
Richmond Journal of Law & Technology
The most important rule of all is the last sentence of [FRCP] 1, which provides that the Federal Rules of Civil Procedure ‘shall be construed to secure the just, speedy, and inexpensive determination of every action.’ It is this command that gives all the other rules life and meaning and timbre in the realist world of the trial court.
The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert
Richmond Journal of Law & Technology
Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …