New Rules Compel Firms to Track E-Mails | WP | 12.1.06
U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new federal rules that go into effect Friday, legal experts say.
The rules, approved by the Supreme Court in April, require companies and other entities involved in federal litigation to produce “electronically stored information” as part of the discovery process, when evidence is shared by both sides before a trial.
FRCP Rule 26. General Provisions Governing Discovery; Duty of Disclosure
FRCP 26(a)(1)(B) Pre–December 1st
a copy of, or a description by category and location of, all documents, data
compilations, and tangible things that are in the possession, custody, or control of
the party and that the disclosing party may use to support its claims or defenses,
unless solely for impeachment;
FRCP 26(a)(1)(B) Post–December 1st
a copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment;