This past December, new Federal Court rules for electronic discovery went into place. In short, the rules require the retention and disclosure of electronically stored data, including e-mails, which relate to any federal court lawsuits in which the district is involved.

Specifically, the new rules provide that (1) a party may serve interrogatories concerning and/or request to produce electronically stored information, including the form that the requested information must be produced, (2) a party may subpoena electronic stored information, (3) a party must include in its initial disclosures (required by Rule 26(a)(1)) a description of any electronic data which supports its claims or defenses.

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