FRCP – Rule 26 (LII 2007 ed.)

With the new law regarding E-Discovery now in place, Rule 26a1 changes are very important.

At the first sign that litigation is coming, a company must use their Litigation Hold procedures and not wait for the courts to act. The problem is most companies do not have these procedures in place, nor do these companies know that litigation holds must start this early in the process.

Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company’s data is stored and must be easily accessible.

Rule 26. General Provisions Governing Discovery; Duty of Disclosure

Except in categories of proceedings specified in Rule 26(a)(1)(E), or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties:

(A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information;

(B) 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;

The entire overview for FRCP – Rule 26 (LII 2007 ed.) may be reviewed online.


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