Electronic Discovery and the Federal Rules of Civil Procedure

    May 2005

    The increasing presence of electronic discovery and its accompanying distinctive problems spurred a need for the Federal Rules of Civil Procedure to specifically address such discovery. In August 2004, the Committee on Rules of Practice and Procedure published for public comment the December 2006 proposed rule amendments addressing some of the most troublesome aspects of electronic discovery, including the exponentially greater volume of production associated with electronic discovery as compared to paper discovery, privilege review and waiver, and preservation of electronically stored information.

    Reproduced with permission of the Federal Bar Association
    Inter Alia, newsletter of the Federal Bar Association, Northern District of Ohio Chapter, Spring 2005