Arkfeld's Electronic Discovery and Evidence Alert, December 17, 2007
WHAT ARE THE EFFECTS OF THE NEWLY REVISED FEDERAL RULES OF CIVIL PROCEDURE, EFFECTIVE DECEMBER 1ST, 2007, ON ELECTRONIC DISCOVERY?
Answer: The newly revised federal rules effective December 1st, 2007, are primarily stylistic in form. However, it is important to know that key numbering and captioning for the federal rules, including e-discovery amendments, have changed. For example, former rule 37(f) has been changed to 37(e) and entitled:
(e) Failure to Provide Electronically Stored Information.
Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
For a complete copy of these new revised federal rules effective December 1st, 2007, please visit Cornell Law School - Federal Rules of Civil Procedure; at http://cfr.law.cornell.edu/rules/frcp/index.html#toc.

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