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Tip: Production requests extend to electronically stored information

EHR Connection, August 18, 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 fifth installment in a series that explains the so-called e-discovery rules. 

Rule 34(a) makes clear that requests for production extend to electronically stored information. Rule 34(b) provides that a party’s request may specify the form or forms in which the information is to be produced.  

Responding parties who object to production in the specified form(s) must state the reason for the objection and affirmatively state the form(s) in which it will produce the electronically stored information. If a request does not specify the form(s) for production, the responding party must produce electronically stored information in the form or forms in which it is ordinarily maintained or reasonably usable. 

Absent explicit agreement, a responding party may not simply print electronically stored information and produce it in paper form. 

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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