Recognizing the Impact of E-Discovery Amendments on Electronic Records Management

Abstract

Amended rules to the Federal Rules of Civil Procedure (FRCP), which became law in December 2006, are aimed at a single issue—the discovery of electronically stored information (ESI), referred to as electronic discovery (e-discovery). All forms of ESI may be subject to discovery, the investigative phase of a legal case when the parties determine what evidence is, or might be, available. This article addresses concerns of organizations in responding to e-discovery requests and concludes with recommendations for the design and development of an electronic records management (ERM) policy that recognizes the duties imposed by the e-discovery amendments.

Keywords:

• e-discovery
• electronically stored information
• electronic records management spoliation
• computer forensics