Advisory Services
The Federal Rules of Civil Procedure and many state court rules have been amended to specifically reference eDiscovery issues. iBridge provides its clients with assistance in navigating these treacherous waters. Ideally, our clients retain us prior to the commencement of any lawsuit to assess the client’s litigation readiness. Such pre-litigation services include ensuring the client has a sufficient litigation hold procedure in place and policies to preserve ESI.
The FRCP, now provides
FRCP 16(b)(3)(B)(iii)
The court’s scheduling order may provide for disclosure of Electronically Stored Information (ESI).
FRCP 26(a)(1)(A)(ii)
The parties’ initial disclosures must include ESI.
FRCP 26(b)(2)(B)
There are limitations governing the discovery of ESI.
FRCP 26(f)(3)(C)
The parties’ written discovery plan must include any ESI Issues.
FRCP 33(d)
The option to produce business records instead of answering an interrogatory includes ESI.
FRCP 34(a)(1)(A)
Parties may request production of ESI.
FRCP 34(b)(1)(C)
Parties may specify the form of ESI to be produced.
FRCP 37(e)
Absent exceptional circumstances, the court may not award sanctions for failure to provide ESI resulting from the routine good-faith operation of an electronic information system.