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

February 2017
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February 2017 Client Alert

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.

This Client Alert has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.

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