FRCP article

Retention still critical

Thursday, March 29, 2007

By Mark Fellows mfellows@mbusinessreview.com

Automated backup systems for information technology shouldn't be relied on for archiving purposes, a consultant warns, as new court discovery rules are applied to electronic documents.

Rules now in effect make it more important for businesses to provide for electronic-information archiving and search capabilities before being forced to by a lawsuit, lawyers say.

Amendments to the Federal Rules of Civil Procedure make the availability of electronic records -- transactions, communications, even voice mail -- among the first issues to be discussed in any federal lawsuit. Parties have between 60 and 90 days to confer on a discovery plan after a complaint is filed.

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