I just received a memo telling me to preserve electronic documents and other evidence related to something called “electronic discovery” – what is electronic discovery?
Electronic discovery involves electronic data that must be secured by employees responsible for such data. Once a lawsuit has been filed against the University (or a charge filed with an administrative agency), or if it is reasonably anticipated that a lawsuit may be brought (or a charge filed), the University and all of its faculty and staff members are now under a legal duty to preserve all evidence, whether hard copy or electronic, that might become relevant to the lawsuit. “Discovery” is the process by which relevant information is exchanged between parties in a lawsuit, usually through the production of documents and the taking of depositions. Effective December 1, 2006, amendments to the Federal Rules of Civil Procedure expressly extended rules generally applicable to documentary discovery to electronic records.
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