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Tip: Electronically stored information subject to subpoena

EHR Connection, September 8, 2008

The e-discovery amendments to the Federal Rules of Civil Procedure (FRCP), which govern civil proceedings in federal courts, adapt existing rules and concepts to electronically stored information.
 
This is the eighth installment in a series that explains the so-called e-discovery rules.
 
Rule 45 was amended to be consistent with rules pertaining to party discovery. The rule makes clear that:
  • A subpoena may command the production of electronically-stored information
  • The recipient of a subpoena need not produce electronically-stored information from sources that it identifies as not reasonably accessible due to undue burden or cost
  • The issuer of a subpoena may specify one or more forms for production of electronically stored information
  • A recipient may object to the specified form(s) of production 
This tip is from The Practical Guide to Release of Information published by HCPro, Inc. Check the next issue of EHR Connection for more information about e-discovery.

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