WHAT IMPACT WILL THE PROPOSED CHANGES TO THE FEDERAL RULES OF CIVIL PROCEDURE HAVE ON COMPUTER FORENSICS?
*** As technology continues to play a larger role in litigation and internal company investigations, lawyers and investigators are expected to understand the inner workings of computers and how they relate to computer conduct issues. *** In September 2005, the U.S. Judicial Conference approved the proposed amendments to the Federal Rules of Civil Procedure – the “playbook” for civil litigation in the U.S. federal court system. The proposals are aimed at addressing the impact of electronically stored information on civil litigation and include amendments to Rules 16, 26, 33, 34, 37, and 45, along with a related amendment to Form 35. The Rules are projected to take effect on December 1, 2006, once promulgated and approved by the U.S. Supreme Court and Congress. The adoption of the proposed Rule changes could mean corporations and law firms will need the services of a computer forensic expert in a more significant capacity than ever before. In some cases, courts may order the appointment
