Thursday, September 8, 2011

Possible Changes Ahead for eDiscovery Rules




http://ow.ly/6oJls

An article by Cynthia Murrell appearing on arnoldit.com website on the Beyond Search webpage.

This article references recent discussions regarding proposed rule changes to the Federal Rules of Civil Procedure. There are mini-conferences scheduled for this week by the advisory rules committee.

The article states, "Writer Matthew Nelson explains the significance of this meeting:

"The mini-conference is important because it is part of a seven step process that could ultimately lead to new rule amendments affecting all litigators and the organizations they represent. Any new rule proposals developed by the subcommittee at the September mini-conference will be considered by the Advisory Committee this November in Washington D.C. The proposals, in one form or another, could ultimately become law. Both Supreme Court and Congressional approval are ultimately required."

One area that cries to be addressed is the controversial question, at what point does the duty to preserve evidence kick in? If the answer is when a complaint is served, that may leave too much leeway for evidence destruction at the first sign of a potential complaint."

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