Tip: What litigants need to know about e-discovery

Discovery, the process by which litigants obtain information held by other parties to a lawsuit, is more complex in the digital age and poses new challenges for HIM personnel as they search all relevant data repositories in response to subpoenas.

 

Historically, discovery requests pertained to witnesses, documents, and objects. Litigants now also seek the other party’s e-mails, computer hard drives, and backup tapes.

 

The discovery rules embodied in the Federal Rules of Civil Procedure, which govern civil proceedings in U.S. federal courts, attempt to strike a balance between an open, full process of discovery and protection against unnecessary intrusion into a party’s private files. Recent amendments to the discovery rules that specifically address electronic data don’t create new substantive obligations; they simply adapt existing rules and concepts to electronically stored information.

 

The e-discovery amendments pertain to:

 

This overview of the e-discovery amendments to the Federal Rules of Civil Procedure is the first in a series from The Practical Guide to Release of Information published by HCPro, Inc. Future issues of EHR Connection will examine the e-discovery amendments in greater detail.