{"id":156,"date":"2006-12-12T12:51:25","date_gmt":"2006-12-12T20:51:25","guid":{"rendered":"http:\/\/www.formtek.com\/blog\/?p=156"},"modified":"2006-12-12T12:51:25","modified_gmt":"2006-12-12T20:51:25","slug":"compliance-frcp-rule-26f-being-prepared-to-provide-your-data","status":"publish","type":"post","link":"https:\/\/formtek.com\/blog\/compliance-frcp-rule-26f-being-prepared-to-provide-your-data\/","title":{"rendered":"Compliance: FRCP Rule 26(f) — Being Prepared to Provide Your Data"},"content":{"rendered":"

The new Federal Rules of Civil Procedure (FRCP) rules went into effect on December 1st.\u00a0 What do the new rules\u00a0mean?\u00a0 There’s no easy answer, but let’s look in a little more depth at just one part of the regulatations relating to Electronically Stored Information (ESI)\u00a0— Rule 26(f) and eDiscovery — “Early Discussion Preparedness” or “Meet and Confer”.<\/p>\n

The first step in any eDiscovery litigation is to identify all relevant data sources andf data formats.\u00a0 With the new regulations, all data is subject to scrutiny — both structured and unstructured data.\u00a0 Central to Rule 26(f) is the ability of a company to identify all data sources in a company.\u00a0<\/p>\n

Rule 26(f) states that parties must confer \u0093to discuss any issues relating to preserving discoverable information and to develop a proposed discovery plan that indicates the parties\u0092 views and proposals concerning: \u0085 (3) any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced; (4) any issues relating to claims of privilege or protection as trial-preparation material, including \u0096 if the parties agree on a procedure to assert such claims after production \u0096 whether to ask the court to include their agreement in an order; \u0085\u0094<\/p><\/blockquote>\n

Four\u00a0issues are discussed<\/a> at the initial “Meet and Confer” meeting:\u00a0<\/p>\n