The Federal Rules of Civil Procedure were amended in December 2006 to specifically govern eDiscovery as it pertains to all electronically stored information (ESI). The new rules make all electronic data discoverable unless a court orders otherwise. eClaris is designed to support compliance with these rules. The most serious issues are addressed below:

Meet and Confer

Litigators and their clients must anticipate eDiscovery issues will arise and plan with the opposing counsel and court how to manage the process. eClaris works closely with counsel on pre-litigation eDiscovery plans and schedules.

Timelines

Counsel must alert the court “early in the litigation” if eDiscovery is expected to occur and discuss such discovery with all parties. In some cases, parties must have an eDiscovery plan in place at least 21 days before the scheduling conference. Because eClaris is easy to use and efficient, deadlines can be met with time to spare.

Content

If privileged or protected information is inadvertently produced, the producing party may by “timely notice” assert the privilege without waiver and reclaim the protected data. If the receiving party files a claim with the court for determination, the data in question must be preserved. eClaris is organized in a manner that makes quick review accurate so that privileged documents can be recognized, segregated and stored until they need to be produced or eliminated.

Formats

Requesting parties may request the form into which documents are produced. Unless specifically requested, documents are processed in their native file format, including the preservation of metadata. eClaris provides the capability to preserve original file formats or convert them into another format and back again without destroying their usefulness.

Feasibility

The producing party is required to disclose what it determines is “reasonably accessible” electronically stored information (ESI). The new rules require that electronic data be liberally produced. Under the rules, “accessibility” is redefined. The inaccessibility of electronically stored data must be demonstrated. Parties are no longer able to merely state that recovery is too expensive and time-consuming. With the eClaris filtering and culling technology, huge amounts of data can be processed timely and efficiently. Accessible files are documented and delivered, which means less time and money is spent trying to supplement with data deemed inaccessible.