NEWLY REVISED FEDERAL RULES OF CIVIL PROCEDURE, EFFECTIVE DECEMBER 1ST, 2007

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.