Recognizing the Impact of E-Discovery Amendments on Electronic Records Management

• Published in: Information systems management Vol. 26; no. 4; pp. 350 - 356
• Main Authors: Ward, Burke T., Purwin, Carolyn, Sipior, Janice C., Volonino, Linda
• Format: Journal Article
• Language: English
• Published: Colchester Taylor & Francis Group 01.01.2009; Taylor & Francis; Taylor & Francis Ltd
• Subjects: Amendments; Applied sciences; Compliance; computer forensics; Computer science; control theory; systems; Design engineering; e-discovery; Electronic discovery; Electronic records; electronic records management spoliation; electronically stored information; Electronics; Exact sciences and technology; Federal Rules of Civil Procedure; Information systems; Information systems. Data bases; Law; Management; Memory organisation. Data processing; Organizations; Policies; Records management; Software; Studies; United States > US; Justice; Traceability; Forensic science; Electronic document
• ISSN: 1058-0530; 1934-8703
• DOI: 10.1080/10580530903245721

Amended rules to the Federal Rules of Civil Procedure (FRCP), which became law in December 2006, are aimed at a single issue-the discovery of electronically stored information (ESI), referred to as electronic discovery (e-discovery). All forms of ESI may be subject to discovery, the investigative phase of a legal case when the parties determine what evidence is, or might be, available. This article addresses concerns of organizations in responding to e-discovery requests and concludes with recommendations for the design and development of an electronic records management (ERM) policy that recognizes the duties imposed by the e-discovery amendments.