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Practice Tip: Proposed Changes to the FRCP Regarding Discovery of Electronically Stored Information

By Jennifer Smith Finnegan and Aviva Wein
October 30, 2006

Part One of a Two-Part Series

On Dec. 1, 2006, new amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information will take effect unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments to Rules 16, 26, 33, 34, 37, and 45, which were approved by the U.S. Supreme Court on April 12, 2006, attempt to bring the discovery rules up-to-date in an Information Age where the majority of new communication and information is now created, disseminated, and stored in electronic media.

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