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What to Do Without Local E-Discovery Rules

March 25, 2008

What to Do Without Local E-Discovery Rules

Daily Business Review, March 19, 2008

Although the Federal Rules of Civil Procedure were amended more than a year ago, lawyers are continuing to scramble for ways to comply both with the Federal Rules and with local e-discovery mandates and guidelines. From what we’ve heard about difficulties following the Federal Rules, it’s not surprising to know that some attorneys and public officials are left wondering how to address local e-discovery rules.

According to this article, neither the Florida Rules of Civil Procedure nor the Florida Evidence Code currently addresses the issue of e-discovery. However, the Florida Bar is considering amending them to do so. While the rules are hammered out, there are some important steps that lawyers should take when handing electronic data.

“At the onset of litigation, a preservation letter should be sent to opposing counsel and any other party whom documents may be requested from outlining the claim and requesting ESI be preserved and not deleted, destroyed or altered. By sending the letter, the duty to preserve records and evidence is communicated clearly to opposing parties.”

For more tips, take a look at this article to see what legal professionals can do with e-discovery on the home front. Hopefully progress will continue in the right direction and consistent rules will exist on all levels, forcing us all to take better care of our digital records.

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