Amendments to the Federal Rules of Civil Procedure - Computer Forensics & E-Discovery

On 1 December 2006, several amendments to the Federal Rules of Civil Procedure came into force. There are three rules explicitly that the impact of computer forensics and e-discovery, are taken into account when building a business case for your clients and customers need to protect your rights.

Most companies do not realize the following two points:


All data that can be seen together in the form is submitted electronically or printed on paper, which is potentially affected by the definition? Document.


Electronic documents may be considered obsolete by the economy in terms of infrastructure in progress, but may have archival value and recoverable in a format readable by specialized forensic techniques.
FRCP - Rule 26 (LII 2007 ed.)

With the new law on e-discovery is now in force are Article 26A1 changes is very important.

At the first sign that a verification process, a company must use their litigation hold process and not wait for the courts to act. The problem is that many companies do not have such procedures in place, however, these companies are aware that disputes should be starting this early stage of the process.

Of course, to keep the process of litigation, a company must have a conservation policy and know where it stores the data and companies must be easily accessible.

Article 26 General provisions for discovery, disclosure

Except for the categories of proceedings in Rule 26 (a) (1)) (and, or, unless otherwise indicated or required to make under the direction of order, a party must, without awaiting a discovery request to other parties :


(A) the name and, if known, address and telephone number of the person is probably no indication that the party disclosing the information to support its claims or defenses, unless you can only witness for the prosecution, the calculation of subjects used the data;

(B) a copy or description of category and location of all documents, electronically stored information and tangible things that are in the possession, custody or control of the party and that the party may disclose to support his claim or defense, even if only for impeachment.


FRCP - Rule 34 (LII 2007 ed.)

With the new law on e-discovery now in force, Article 34 establishes new procedures for submitting documents and electronic data for litigation.

Article 34 The production of documents and things and grounded for inspection and for other purposes

(Scope).


Each party may serve in any other party a request (1), to produce and permit the party that moved the request, or if someone from the applicant? Name S, control, test copy, or a sample of their designated documents or electronically stored information? stored, including writings, drawings, diagrams, graphs, photographs, sound recordings, images and other data or data compilations in any medium from which information can be obtained? translated, if necessary for adequate control by the defendant in a usable form, or, copy, test or a sample of their designated material things which are or contain the scope of Article 26 (b) and on the possession, custody or control of the party upon whom the request is served, or (2) for entry on designated land or other property in the possession or control of the party to which the request for 'Implementation of monitoring and measurement was used, surveying, photographing possible, testing, or sampling the property or their designated object or operation of this matter under Article 26 (b).


FRCP - Rule 45 (LII 2007 ed.)

With the new law on e-discovery now in force, Article 45 establishes new procedures to follow if your company sued.

Article 45 Quote

(d) rights to respond to the subpoena.


(1) (A) A person responding to a subpoena to produce documents they produce, as they have taken during the normal course of business or whether organized and labeled according to the categories of demand.

(1) (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena for information in a form or forms in which the person usually door before or produce a form or forms that are reasonably usable.

(1) (C) A person responding to a subpoena should not be the same electronically stored information in more than one form.

(1) (d) A person responding to a subpoena does not require discovery of electronically stored information from sources which the person is not considered reasonably accessible because of undue burden or cost identified. Upon request to compel discovery or to suppress the discovery of the person who is required by those who need to demonstrate that the information sought is not reasonably accessible because of undue burden or cost. If this show can be, but the court order discovery from such sources if the applicant shows good cause, taking into account the limits of Article 26 (b) (2) (C). The court may specify conditions for discovery.

---

Hotmail: บริการอีเมลฟรี ที่เชื่อถือได้ และสมบูรณ์พร้อม รับทันที