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E-Discovery and Record Retention: When Two Worlds Collide

April 01, 2008

Author: Todd Newton
Source: The Arkansas Lawyer

It’s been over a year since the amendments to the Federal Rules of Civil Procedure governing electronic discovery went into effect. By now, we’re all somewhat familiar (or at least should be) with the amendments and one key fact: the confirmation that electronic evidence is subject to the rules of discovery just like any other type of evidence. Thus, it must be preserved and produced in a timely fashion upon request. That sounds simple enough, right? Perhaps not, given the fact that electronic records can be (and usually are) far more voluminous than traditional paper records, thus complicating the task of searching for and producing them in the heat of a discovery battle.

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