FindLaw's eDiscovery Wizard is an interactive tool to help you understand the updated rules for electronic discovery found in the Federal Rules of Civil Procedure (FRCP), including Rules 16(B) and 26(F) ("Meet & Confer"), Rule 26(B)(2) ("Duty of Disclosure"), Rule 26(B)(5) ("Privilege Claims"), Rule 34 ("Forms of Production"), and Rule 37 ("Safe Harbor").
|Rule 16(b) and 26(F) Meet & Confer
||Rule 26(B)(2) Duty of Disclosure
|Rule 26(B)(5) Privilege Claims
||Rule 34 Forms of Production
|Rule 37 Safe Harbor
Parties do not have to produce electronically stored information (ESI) that is not reasonably accessible because of undue burden or cost.
Any claims of privilege must be documented such that other parties can ascertain whether the privilege applies.
Electronically stored information (ESI) must be produced in forms that are reasonably usable.
Rule 37 provides a safe harbor against discovery sanctions for failure to produce electronically stored information (ESI) that was destroyed as part of the good-faith operation of a data management system.
Rules 16(b) and 26(f) alert counsel and the court that they should consider E-Discovery issues as early and comprehensively as possible.