E-Discovery "Self-Collectors" Beware: New Federal Rule Could Pose Problems

February 2017

By: Anthony R. Petruzzi and Frederick D. Cruz

On December 1, 2017, an amendment to Rule 902 of the Federal Rules of Evidence is expected to take effect that will undoubtedly change the way litigants handle e-discovery collections. The amendment, which can be viewed in its entirety here, adds two new subsections to the rule (subsections 13 and 14). The biggest impact on e-discovery will likely come through the enactment of the new subsection 14, which provides a simplified process for authenticating Electronically Stored Information (“ESI”). As long as litigants provide a certification from a “qualified person” that the ESI was collected through a reliable “process of digital identification,” the litigants will no longer be required to authenticate ESI through trial testimony of a forensic expert—the ESI becomes self-authenticating.

Read the Client Alert here.


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