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Voice Mail In Discovery

By Steven C. Bennett

The use of voice mail as a business tool has grown dramatically in recent years, and the development of digital recording and storage technology likely will make such records as permanent and accessible as e-mail. So, it's logical to believe that digital voice mail may be the next battlefront in the e-discovery wars.

The Federal Rules of Civil Procedure have long recognized that “data compilations,” including data in electronic form, are discoverable. See, Fed R. Civ. P. 34 (defining “documents” subject to discovery); see, Id., Advisory Committee Notes (1970). Since the amendment of the federal rules in 1970, courts have allowed discovery of electronic communications and computer-stored documents. According to that broad definition, voice mail is potentially discoverable.

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