FRCP Requirements

What do the amendments to the Federal Rules of Civil Procedure (FRCP) mean?

The Federal Rules of Civil Procedure apply to any organization that has the potential to be involved in litigation in the U.S. Federal Court system. The amendments, which went into effect on December 1, 2006, mandate that companies be prepared for electronic discovery. The organization must know where their data is, how to retrieve it, how to meet data requests and they must determine what data will not be subject to search.

What organizations are impacted?

Any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system.

When did the amendments to the FRCP go into effect?

The amendments went into effect on December 1, 2006.

What happens if an organization is not prepared for litigation?

Organizations that do not have an automated system in place to help them effectively store, search and retrieve email data in real-time face paying high costs for "rush job" discovery requests. In some instances, failure to produce the requested data in a timely fashion may even lead to the loss of a lawsuit.