The Amendments to the FRCP.

The Federal Rules of Civil Procedure (FRCP) are rules governing the processes and procedures in United States Federal Court System. The amendment to the Federal Rules of Civil Procedures add rule 16 that mandate that E-Discovery should be handled timely.

Rule 16 (b) Scheduling and Planning. Except in categories of actions exempted by district court rule as inappropriate, the district judge, or a magistrate judge when authorized by district court rule, shall, after receiving the report from the parties under rule 26(f) or after consulting with the attorneys for the parties and any unrepresented parties by a scheduling conference, telephone, mail, or other suitable means, enter a scheduling order that limit the time

(1) to join other parties and to amend the pleading;

(2) to file motions; and

(3) to complete discovery.

The scheduling order also may include

(4) modifications of the times for disclosures under Rule 26(a) and 25(e)(1) of the extent of discovery to be permitted;

(5) provisions for disclosure or discovery of electronically stored information

Additionally it amends:

“The amendment to Rule 16(b) is designed to alert the court to the possible need to address the handling of discovery of electronically stored information early in the litigation if such discovery is expected to occur.”

Who is impacted by this rule?

Any organization has the risk to be involve in litigation in the US Federal Court System.

What is the risk of not being prepared?

Email is the heart of the communication for most organizations. During court proceeding evidence maybe located in email data. Failure to produce timely electronic evidence that is stored in Email may result in loss of law suite. Alternatively, it can be costly to search and retrieve the specific email records that is required for the case.

Simplicato Email Archiving Solution enable you to get the data that you are looking for in instant.