E-Discovery and the Federal Rules of Civil Procedures

CHAPTER 2: AMENDMENTS TO THE FRCP EX PLAINED

There are five key themes in the changes to the FRCP.⁵ First, the amendments define and treat electronically sensitive information differently from paper documents. Secondly, the amendments require the parties to a lawsuit to discuss issues that are unique to electronic discovery in their initial conference. Thirdly, the amendments address inadvertent production of privileged or protected materials (records that are protected from disclosure to the other party based on the ‘attorney-client’ and ‘work product’ privileges). Fourthly, the amendments encourage a two-tier approach to discovery which involves dealing with reasonably accessible information first and inaccessible data later. Finally, the ...