December 1, 2006 have been many changes to federal rules of civil procedure in force. There are three rules that specifically consider the impact Computer Forensics and E-Discovery, palaces, if a case for your customers, and protection of rights must be the customer.
Most companies fail to achieve the following two points:
All data can be collected in visible form, whether submitted electronically or printed on paper, is potentially within the definition? Document.
The electronic documents can be viewed as obsolete economy in terms of infrastructure underway, but may have archival value and be recoverable to a readable format by specialized forensic techniques.
FRCP - Rule 26 (LII 2007 ed)
Under the new law on E-Discovery Rule 26A1 changes now in place are very important.
At the first sign that disputes arise, a company must use their litigation hold process and not wait for the courts to act. The problem is that most companies do not have these procedures in place, or these companies know that disputes must hold an early start of the process.
Of course, in order Litigation Hold Procedures, a company must have a retention policy and know where the business data is stored and must be easily accessible.
Article 26 General provisions for Discovery, must be reported
Except for the categories of proceedings Rule 26 (a) (1) (E), or as otherwise specified or direct order, a party must, without awaiting a discovery request to provide other parties:
(A) the name and, if known, address and telephone number of person likely to see that information may use the portion of the disclosure in order to support its claims or defenses, unless solely for impeachment, identifying the subjects of get information;
(B) a copy or description by category and location, all documents, electronically stored information and tangible things in the possession, custody or control of the party and the disclosing party may use to support their claims or defenses, unless solely for impeachment.
FRCP - Rule 34 (LII 2007 ed)
Under the new law on E-Discovery now in place, generally identified 34 new procedures for the production of documents and electronic data for litigation.
Article 34 Production of documents and things and grounded for inspection and other purposes
(A) Scope.
Each party can produce any other party a request (1) and allows the parties to the request, or someone the client? S behalf, to inspect, copy or need to test a sample of their designated documents or electronically stored information? preserved, including writings, drawings, graphs, graphics, photographs, sound recordings, images and other data or compilations of data on any medium from which information may be obtained? translated, if necessary, by those who responded in a reasonably usable form or to inspect, copy, test or sample any tangible things, or contain matters within the scope of Article 26 (b) and in possession, custody or control of the party to whom the request is served, or (2) for entry on designated land or other property in the possession or control of the party to whom the request is for inspection and measurement, Detection, photographing, testing, or sampling the property or any designated object or operation of this question within the scope of Article 26 (b).
FRCP - Rule 45 (LII 2007 ed)
Under the new law on E-Discovery is now available, that article 45, new procedures to follow if your company is called.
Citing Article 45
(D) tasks in response to the subpoena.
(1) (a) A person responding to a subpoena to produce documents they produce, how they are kept in the ordinary course of business or organize and label in accordance with the categories of demand.
(1) (B) If a subpoena does not specify the form or forms for producing electronically stored information to answer a person on a subpoena, the information in a form or forms in which the person usually held in a form reasonably usable forms oo produce.
(1) (c) a person in response to a subpoena need not be the same electronically stored information in more than one form.
(1) (d) a person in response to a subpoena is not necessary to discover electronically stored information from sources which the person identifies as not reasonably accessible because of undue burden or cost. Upon request to compel discovery or cancel, the person is prompted by the discovery demonstrates that the information sought is not sufficiently accessible because of undue burden or cost. If the show is, the court may nevertheless order discovery from such sources if the applicant shows good cause, within the limits laid down in Article 26 (b) (2) (C). The court may specify conditions for discovery.
These are only excerpts of the rules and your lawyer or business adviser should have access to all the federal rules of civil procedure amendments document field. It 'important to consider when planning to use those rules to a computer Forensics Investigator, or e-discovery services.
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