One of the lesser talked about Federal Rules of Civil Procedure (FRCP) amendments, strangely, is that of Rule 26(f)(3). While perhaps not as flashy as proportionality or sanctions, the amended rule requires the parties’ discovery plans to explicitly state proposals concerning preservation of electronically stored information (ESI) during an initial required meeting of counsel.
But is the amended rule changing much? Perhaps not explicitly, said a panel of judges and experts this week at the 2016 inFusion e-discovery conference hosted by Exterro, but the rule’s language is reminding counsel and judges alike of the importance of a preservation plan.
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