Compliance Laws - Federal Rules of Civil Procedure (FRCP)
How Athena Archiver helps meets the requirements of Federal Rules of Civil Procedure (FRCP)
The U.S. Supreme Court has recently ratified changes to the Federal Rules of Civil Procedure (FRCP), which will take effect on December 1, 2006. These changes shift the rules of discovery in a legal proceeding from a focus on policies for electronic records retention, disposition and preservation, to a focus on procedures that will streamline evidence presentation.
expect corporations to have a document
While the lawyers wrangle in any civil lawsuit, storage administrators will be called on to help answer key questions such as:
- Where is the data in question?
- What actions were taken to preserve it?
- How can the data be searched and reproduced?
- Just what is the company's established data retention/deletion policy?
- Importance of METADATA
The new rules won't hold a corporate defendant liable for failing to produce records if the company made a "good faith" effort to set a retention/deletion policy. This means a company can usually delete data according to established company policies, but cannot delete in anticipation of litigation. Also, a company may not have to produce data on legacy tape drives unless the other side proves in advance the data is relevant to the case.
The Legal Information Institute (LII) at Cornell University provides the text of the Federal Rules of Civil Procedure (effective December 1, 2005)
The Federal Rules of Civil Procedure (FRCP) Wikipedia http://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure
Amendments to Federal Rules http://www.uscourts.gov/rules/congress0406.html