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June 15, 2006 (Computerworld) -- New rules for electronic discovery of documents in civil cases go into effect in December -- and they could cost users millions or even billions of dollars if they fail to comply.
Last September, the Judicial Conference of the U.S. Supreme Court's Committee on Rules of Practice and Procedure recommended changes that force companies involved in a civil lawsuit to sit down and hammer out what records are fair game for electronic discovery.
In general, the resulting 300-plus page document describing the new e-discovery criteria says that companies involved in civil litigation must meet within the first 30 days of a case's filing to discuss how to handle electronic data. The discussion must encompass retention practices, the types of records required and their electronic format, as well as what is considered "accessible" data, said John Bace, an analyst at Gartner Inc. in Stamford, Conn.
Failure to comply with the new rules could be costly.
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