New Federal E-Discovery Rules Go Into Effect December 1, 2006

On December 1, 2006, amendments to Federal Court discovery rules will become effective that specifically relate to disclosure of “electronically stored information.” These changes will increase the focus of discovery on computer based data storage systems .

These changes require a party to make initial disclosures to opposing parties of a copy or description of such computerized information that is in the possession, custody or control of a party.

Your counsel will need to work closely with you and your employees, who are responsible for those systems and the information stored on them.

These amendments will have a significant effect on litigation. For example, Local Rule 26.1(b) requires parties to “disclose information and files stored within their computerized information-management systems to the same extent they would be required to disclose information, files or documents stored by any other means.”

You and your organization will be required to preserve information stored in computerized information-management systems so that the information relevant to the claims or defenses in the case is not in any way destroyed.

Any questions regarding this e-discovery amendment can be directed to Dave Schwalm at 717‑255‑7643 or or Evan Black at 717-441-7051 or

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