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Tip: Address e-discovery issues early to prepare for Rule 26(f) conference

EHR Connection, August 11, 2008

The e-discovery amendments to the Federal Rules of Civil Procedure, which govern civil proceedings in federal courts, adapt existing rules and concepts to electronically stored information.
 
This is the fourth installment in a series that explains the so-called e-discovery rules.
 
The focus of Rule 26(f) is planning for discovery. It requires that during meet and confer sessions parties address issues pertaining to:
  • Disclosure or discovery of electronically stored information, including the form or forms in which it should be produced
  • Claims of privilege or protection as trial preparation material, including, if the parties agree on a procedure for asserting such claims after production, whether to ask the court to include the agreement in an order
 
Addressing e-discovery issues early in the litigation process is important so that outside counsel is prepared to discuss them at the Rule 26(f) conference. Attorneys and judges increasingly report that information technology personnel and consultants participate in Rule 26(f) conferences and scheduling conferences. Participation may be warranted in large, discovery-intensive matters, but may not be necessary or productive in routine cases.
 
This tip is from The Practical Guide to Release of Information published by HCPro, Inc. Check future issues of EHR Connection for more information about the e-discovery rules.

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