Amendment to Federal Rules of Civil Procedure—Are YOU prepared?
Under a recent Amendment to Federal Rules of Civil Procedure (Rules 16 & 26) ALL U.S.-based companies are required to archive ALL email, instant messenger conversations, and electronic documents for use in court if a company is ever sued.
The Federal Rules of Civil Procedure (FRCP) are a set of regulations used in civil suit court procedures within the district courts of the United States. The most recent amendment, effective as of December 2006, changed the rules of discovery in regards to electronic records:
• Parties involved in civil court proceedings must provide a list of all electronically stored information that might be relevant to the case. Involved parties must also discuss the forms in which this information should be produced.
• The party who requests the information “may specify the form or forms in which electronically stored information is to be produced.” This can lead to a request for specific formats.
• Archived information produced in civil proceedings must be proven to be secure.
Most companies—if they currently archive at all—use methods that either do not meet security standards or do not have a long enough lifespan to accommodate these rule changes.
Miles Archive Service helps businesses become prepared to meet these new standards, should the need ever arise. The technology used by Miles Archive Service has an average lifespan of 100 years. The service includes archiving of email, instant messages, ERP databases and other enterprise applications, office documents, etc. Miles Archive Service also includes a thorough infrastructure evaluation with a recommended plan to more completely meet the requirements of the Federal Rules. Timely archival updates are also available, depending on your company’s individual needs.
In order to meet the new obligations of the Federal Rules, companies need to be aware of what information they have, and be able to access it readily should the need arise.
Be prepared with Miles Archive Service!
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.