FRCP Compliance how to manage electronic compliance for public and private companies

Producing Data in a Timely and Complete Manner for FRCP Compliance

FRCP Rule 34 is vital to understand for ensured FRCP compliance. This specific rule defines procedures for the production of documents, which includes electronically stored information (ESI). What does the rule define as ESI?

• Writings;
• Drawings;
• Graphs;
• Charts;
• Photographs;
• Sound Recordings;
• Images;
• And other data or data compilations.

Included in the contents of the request is that it "may specify the form or forms in which electronically stored information is to be produced." For that request, there are different types of responses and objections that can be made. The time of response dictates that the party to whom the request is directed must respond in writing within 30 days after being served. In addition, if the requesting party did not specify a form of ESI in which the data must be presented, the party must state the form or firms it intends to use.

If not specified, the form or forms of data must be produced in a format that is ordinarily maintained or in a reasonably usable state.

Fortunately, a party does not need to produce the same ESI in more than one form.

This was a quick summary and if pending legislation is in your immediate future, it’s advised to obtain legal counsel. With that said, a proper email archiving set-up is essential to complying with any request that may come from the Federal Rules of Civil Procedure. Rather than reactively responding to any kind of audit or legal request, it’s important to know that by utilizing a system that captures emails, instant messages and more and being proactive can help lower the cost long-term.