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Amendments to the U.S. Federal Rules of Civil Procedure

Discussion of legislation relating to computer forensics.
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Amendments to the U.S. Federal Rules of Civil Procedure

Post Posted: Apr 05, 07 20:50

I am looking for some feedback from the Computer Forensics industry regarding the amendments to the Federal Rules of Civil Procedure.

Have the amendments to the Federal Rules of Civil Procedure enacted in December 2006 changed the way attorneys view and utilize Computer Forensics? If you are not familiar with the amendments

•Litigators are required to demonstrate a detailed understanding of the electronic discovery process and the underlying technologies used in that process. They are required to competently prepare for and conduct the mandatory early meetings with opposing counsel (Rule 26).
•Courts expect attorneys to provide expert knowledge about their clients’ Electronically Stored Information (ESI).
•Courts require technologically detailed information when crafting discovery plans involving the presentation and collection of ESI, and when defining “accessible vs. inaccessible” data in the face of an “undue burden and Costs” claim.
•Litigators need the technological expertise required to enter into early agreements that will determine the best format(s) for ESI review and production.

In light of these amendments are Computer Forensics Experts being brought in sooner to cases as a technical consultant? Has the number of computer forensics cases increased?


Matthew Smith
Cyber Eye Forensics, Inc.  

Senior Member

Re: Amendments to the U.S. Federal Rules of Civil Procedure

Post Posted: May 16, 07 22:41

Since nobody has answered this I'll give you my two cents worth...

I think there is a fundamental knowledge vacume in the legal community. Attorneys are confusing digital forensics with "e-discovery". Obviously the forensics side would have different requirements than attorneys merely exchanging CDs of email and word documents. I'm not sure attorneys realize that they need to use forensics instead of e-discovery.

So no, the new FRCP haven't noticeably enhanced sales at this point.
Jerry Nicholson, Owner

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