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Practice Tip: Proposed Changes to the FRCP Regarding Discovery of Electronically Stored Information
Part One of a Two-Part Series
On Dec. 1, 2006, new amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information will take effect unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments to Rules 16, 26, 33, 34, 37, and 45, which were approved by the U.S. Supreme Court on April 12, 2006, attempt to bring the discovery rules up-to-date in an Information Age where the majority of new communication and information is now created, disseminated, and stored in electronic media.
These new rules will be of particular significance in product liability litigation, where potentially relevant electronic data relating to the design, development, manufacturing, marketing, distribution, and sale of a single product may be contained in multiple information systems, in different proprietary programs, in different formats, and subject to different protocols, retention policies, and maintenance schedules throughout various divisions, branches, or facilities of a single company.
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