Complying With E-Discovery Rules

The Federal Rules of Civil Procedure were amended effective December 1, 2006 to more fully address the rights and obligations of parties (and non-party witnesses) relating to the discovery of electronic records, or as referred to in the rules, electronically stored information (ESI). As a result of these “e-discovery rules,” companies should take steps to ensure their policies and practices comply with the e-discovery rules and provide for cost effective compliance with the rules. The rules do not contain specific requirements for retention of ESI, but rather clarify and amplify the parties’ rights and obligations with respect to the handling of e-discovery issues. The following checklist is intended to provide assistance in complying with e-discovery obligations in a timely and cost-effective manner.