Compliance Laws - Federal Rules of Civil Procedure (FRCP)

How Athena Archiver helps meets the requirements of Federal Rules of Civil Procedure (FRCP)
The U.S. Supreme Court has recently ratified changes to the Federal Rules of Civil Procedure (FRCP), which will take effect on December 1, 2006. These changes shift the rules of discovery in a legal proceeding from a focus on policies for electronic records retention, disposition and preservation, to a focus on procedures that will streamline evidence presentation.

Like most judges, I
expect corporations to have a document
retention program...     
Magistrate Judge Ronald Hedges, NJ speaking on the Federal Rules of Civil Procedure

While the lawyers wrangle in any civil lawsuit, storage administrators will be called on to help answer key questions such as:

  • Where is the data in question?
  • What actions were taken to preserve it?
  • How can the data be searched and reproduced?
  • Just what is the company's established data retention/deletion policy?
  • Importance of METADATA

Learn more about Athena Archiver's litigation and legal support , and electronic discovery.

The new rules won't hold a corporate defendant liable for failing to produce records if the company made a "good faith" effort to set a retention/deletion policy. This means a company can usually delete data according to established company policies, but cannot delete in anticipation of litigation. Also, a company may not have to produce data on legacy tape drives unless the other side proves in advance the data is relevant to the case.

Related Downloads

FRCP Act of 2005

Federal Rules of Civil Procedure (FRCP)
The Rule with forms from December 1, 2005.

Download Federal Rules of Civil Procedure . PDF

Summary of FRCP Act of 2005

Federal Rules of Civil Procedure (FRCP) ST09 2005
Summary of the judicial conference committee on rules of practice and procedure.

Download FRCP .PDF

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