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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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