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Federal Rules of Civil Procedure

Federal Rules of Civil Procedure

The Federal Records Civil Procedure (FRCP) passed on December 1, 2006 explicitly classifies electronically stored information (ESI) as discoverable in the Federal court of law and is quickly being adopted at the state level. The rules within FRCP define the manner in which records must be maintained and allowable timeframes to produce eRecords during litigation. The rule was adopted in a continuing compliance measure to ensure both private and public companies are able to provide unaltered eRecords during the litigation process. Failure to comply with the new rules can mean fines, sanctions, executive liability and pose other risks.

How UbiStor Can Help

UbiStor helps organizations address FRCP rules without the need for additional equipment or services such as servers, software and data center hosting (excludes SafeStor EnterpriseSM) with the following solutions:

MailStor® – Email/IM archiving
SafeStor® – Online Data Backup and Recovery
SafeStor Enterprise®– Private Vaulting for Online Data Backup and Recovery (Additional equipment required)

Archiving email records with UbiStor’s online email archive gives organizations the confidence in knowing that all of the companies email and IM records are stored securely in an unaltered state. Electronically transporting records to off-site secure locations where the data remains protected but accessible via the web for auditing and proactive tracking and monitoring.

UbiStor’s email archive solution and managed services can help public and private businesses and companies who desire protection in the event of litigation:

  • Storing data records in an unalterable state at highly secure, off-site locations.
  • Providing efficient process for review, audit and eDiscovery.
  • Requires no capital expenditure and can be installed and operational in an hour (excludes SafeStor EnterpriseSM).

FRCP contains rules pertinent to protecting ESI:

Explicitly defines electronically stored information as discoverable
Rule 26(a) “Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.”

Parties must make disclosures within 30 days after being served
Rule 26(f) " These disclosures must be made at or within 14 days after the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 26(f) discovery plan. In ruling on the objection, the court must determine what disclosures - if any - are to be made, and set the time for disclosure. Any party first served or otherwise joined after the Rule 26(f) conference must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order. A party must make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party's disclosures or because another party has not made its disclosures.”

For more information please visit the Federal Rules of Civil Procedure website http://www.law.cornell.edu/rules/frcp/Rule26.htm