Federal Rules of Criminal Procedure

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Running head: Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
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Federal Rules of Criminal Procedure
FEDERAL RULES OF CRIMINAL PROCEDURE 2006
On December 2006 FRCP enacted new rules which were mainly influenced due to increased use of
electronic forms of storage. The rules were called e-discovery amendments. These amendments were
additions to the already existing rules. Form 35 was also amended in the same year (Balter, 2009). The
FRCP 2006 focused on five critical emerging areas that had a raised and needed to be addressed.
The first one was on the definition of discoverable materials whereby it was decided that they
introduce the terms ‘’electronically stored information ‘’ as a form of appreciating its existence
The second element was the drawing of initial attention towards Electronic discovery issues.
Under this element, it was established that each party has a mandate to disclose any form of
information that might be electronically stored to enable the court plan on its scope and inclusion
on the schedule of the court to avoid inconveniences later during court proceedings (Friendly,
2014).
The third element focuses on the form of presentation of the electronically stored data. Under
this component, the rules stipulate that the part that requires data to spell out form given in. Since
in most circumstances, the requesting side might not know the preferential storage type of other
party the rules have a provision that if a requesting party does not give a specific form to be
given the information then the responding party is allowed to give the information in a manner
which is reasonable and preferable Mia Mazza, E. K. (2008).
The fourth element is on sources that might be difficult or unreasonable to access information
from. The rule provides that encase the responding party demonstrates to the courts that for
access of such information from its sources will result to high unreasonable costs the courts will
not compel it to provide the information. This rule protects the party responding from giving
information which hard to retrieve.
The fifth element is on the protection of work after production. This amendment provides that
the receiving party is mandated to safeguard the information of the responding party after it is