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Federal Rules of Civil Procedure |
FRCP 26(a) has been amended to clarify that parties are obliged early in
litigation to divulge the existence of and describe relevant electronic records.
FRCP 16(b) requires parties to hold a conference early in the trial
process that includes discussion of e-records and planning for discovery of
e-records.
FRCP 26(b)(2) relevant, readily accessible e-records are discoverable,
whereas, non-readily accessible records are presumed not to be discoverable,
however, to overcome the presumption the opposing party might easily show
evidence that the records are relevant or that they are accessible without undue
expense. |
Any party to litigation under Federal Rules
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