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

FRCP Compliance: Rule 26

Rule 26 is one of the many rules that govern the discovery process. In order to achieve FRCP compliance, understanding of Rule 26 and it’s role is important. In summary, Rule 26 covers the parties’ duty to disclose and other general provisions governing discovery. It defines what is considered discoverable Electronically Stored Information (ESI). The term eDiscovery is often used to search and find ESI during this process.

Rule 26, Duty to Disclose; General Provisions Governing Discovery, can be found in its entirety at the Cornell University Law School website. There’s a lot of material, so here are some big points from the Rule:

• The Initial Disclosures section has time-sensitive information in it. It puts exact numbers of days on certain processes. It’s important to have a solid understanding of how long you may have for an stage of the discovery process so you don’t run out of time.
• It’s also important to note that changes were proposed in April 2005 and went into effect on December 1, 2006.
• Within the Discovery Score and Limits section, there are specific limitations on electronically stored information listed. The wording here is very specific on what may happen if information is not reasonably accessible because of undue burden or cost.
• And the Rule also specifies an order, a process. The Timing and Sequence of Discovery section includes the detail that “discovery by one party does not require any other party to delay its discovery.”

What can you take from this? Rule 26 is complex, and it’s vital to get counsel that completely understands its nuances and guidelines. One important note: failure to comply with the discovery process is subject to sanctions. These can be severe, so it’s vital to have a system in place to help the discovery process as well as completely comply with requests for information during the discovery process.