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New Rules for e-Evidence: The Case For The Defense

By Sonya L. Sigler
November 01, 2005

More than a few attorneys have so far managed to stave off the fateful day when they truly will have to address electronic evidence. Either they have been fortunate or smart in their selection of cases, or someone else has taken care of these issues for them. Or maybe they and opposing counsel have quietly decided that there was really nothing very interesting in those e-mails and that the paper documents will be adequate.

However, that fateful day is arriving quickly as proposed changes to the Federal Rules of Civil Procedure come closer to final approval. (See, www.uscourts.gov/rules/newrules6.html. See also, “U.S. Judicial Conference Approves FRCP e-Discovery Amendments” in the October issue of e-Discovery Law & Strategy.) Although these new rules are not in effect yet, some courts and practitioners are being guided by the proposed changes.

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