Here is a handy link to a PDF whitepaper on the new E-discovery rules -
Below is a section that may dispell the FUD.
Rule 37 — Failure to Make Disclosure or Cooperate in Discovery; Sanctions:
New subsection 37(f) is added which
states, in full, "Absent exceptional circumstances, a court may not impose
sanctions under these rules on a party for
failing to provide electronically stored information lost as a result of
routine, good-faith operation of an electronic
information system." The Advisory Committee Notes explain that the premise
for this amendment is that ordinary
computer use necessarily involves routine alteration and deletion of
information for reasons unrelated to litigation.
FSM Marketing Group, Inc.
----- Original Message -----
From: "Peter R." <[EMAIL PROTECTED]>
Don’t Panic, But New Discovery Of Electronically Stored Information In
Litigation Rules Now Apply
By Linda Markus Daniels, Special To LTW
Editor’s note: Linda Markus Daniels is a co-founder of the RTP-based law
firm Daniels Daniels & Verdonik.
RESEARCH TRIANGLE PARK, N.C. - Over the last week or so there have been a
number of articles about new rules related to litigation, portending that
there could be punishments for undertaking routine computer backups or
destroying legacy data from obsolete systems. Don’t panic!
Many of these articles are either misinformed or taking a broad brush to a
complex and yet untested amendment to the Federal Rules of Civil
Procedure, the rules under which parties to a lawsuit in federal court
(only) request and receive documents and other information in the
possession the opposing party.
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