Home -> Law Blog Directory -> Miscellaneous Blogs -> Federal Civil Practice Bulletin

Miscellaneous

: Federal Civil Practice Bulletin

Panel of Judges and Practitioners Propose Federal Rule Governing Preservation and Spoliation

ABA's Litigation News contains an article entitled "Is It Time for a Federal Rule on Preservation?" and discusses an proposal by judges and practitioners who served on a panel at the 2010 Civil Rules Advisory Committee Litigation Conference at Duke.

According to the article, the elements of the proposal include:

- general and specific triggers for attachment of the obligation to preserve information, including electronically stored information;
- the scope of the preservation duty, including both time frame and the types of covered data and data sources;
- the form or format in which data subject to preservation should be maintained;
- limitations and guidance for determining the individual database users and data custodians for - whom detailed data must be captured and preserved;
- preservation standards applicable to non-parties;
- limitations as to the duration of preservation duties and their applicability to post-suit records and data;
- the contours of a safe harbor for organizations utilizing formal litigation hold procedures;
- the extent to which internal efforts to ensure and accomplish proper preservation should be protected as work product; and
- the consequences and related procedural requirements applicable in instances of alleged breaches of the preservation duty.

The proposal is available here.

Full post as published by Federal Civil Practice Bulletin on August 12, 2010 (boomark / email).