Federal Rules of Civil Procedure Overview

The Federal Rules of Civil Procedure commonly called FRCP, compels all companies to have an electronic data retention policy, that addresses electronic evidence discovery needs of future litigation.

The FRCP rules went into effect December 1, 2006.  These rules were enacted in response to corporate litigants not being able adequately provide electronic documents in the discovery phase of a trial.

How are Email and Instant Message Records Involved

Today, the vast majority of organizations use email and instant messaging to communicate internally and as a vehicle for the exchange of documents and correspondence between businesses and their outside consultants, accounting firms and audit firms. Since these communications often contain information about business transactions and business decisions, these email communications must be retained in order for an organization to comply with the provisions of the FRCP.

Specifically, the amendments introduce the phrase “electronically stored information” to Rules 26(a)(1), 33, and 34, to acknowledge that electronically stored information is discoverable. The expansive phrase is meant to include any type of information that can be stored electronically and is intended to be broad enough to cover all current types of computer-based information such as electronic messages which includes corporate desktop and web based email and instant messaging, PDA/Cell phone email and instant messaging, and SMS messages.

Violations of the FRCP can lead to paying high costs for "expedited" discovery requests, potential fines, case dismissal, or summary judgment.

To learn how Erado's on-demand electronic message archive, supervisory, discovery, and compliance solution ensure that electronic records retention and electronic discovery requirement for the Federal Rules of Civil procedure are met please contact us at 866-67ERADO (866-673-7236)