Federal Rules of Civil Procedure (FRCP): E-Discovery & Analysis

This essay provides a comprehensive overview of the Federal Rules of Civil Procedure (FRCP), outlining its purpose in governing federal district courts and ensuring justice through fair and accessible legal processes. It discusses the adoption and interpretation of the rules, emphasizing the importance of staying updated on amendments. The essay highlights the impact of the 2006 E-Discovery amendments, which addressed Electronically Stored Information (ESI) and its admissibility as evidence, significantly influencing litigation and digital forensics. It further explores the amendment's implications for organizations in managing and securing digital information, while also acknowledging the ongoing need for legislation to address emerging cybercrimes and technological advancements. The document concludes by stressing the importance of policing and legislating record management to prevent legal loopholes.

Running head: FRCP 1
Federal Rules of Civil Procedure (FRCP)
Name of the Student:
Name of the Institution:

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Federal Rules of Civil Procedure (FRCP)
The Federal Rules of Civil Procedure refers to the general rules that govern federal
districts courts in their administration of justice, right from initiation of a legal suit by any
complaints, how the suits are filed and argued, evidence discovery and determination of such.
The procedures also govern how courts conducts trials through the processes of mentioning,
hearing, pre-trial, full trial and determination phases (ZAPPROVED, 2018).
The statement was formerly adopted by the Judicial Conference of the United States in
1938 as draft rules that were later approved by the Supreme Court through a voting procedure. In
the real life litigation processes, individual courts must critically figure out and correctly
interpret these rules as they exactly mean, although the juries might give their advices, opinions
and rulings in relation to specific rule (Ballard & Carl, 2006).
Individual parties must keep in touch and periodically update themselves in regard to any
amendments that might be implemented in areas of law. On their sides, the federal courts may
however make their own rules although they are based and largely borrow from the FRCP.
The provisions in this statement are meant to deliver justice through a speedy- as
provided by rule 16 (William & Alan, 2006), and affordable process with open access to all. As
such, it is anchored on provisions that govern how physical and electronic evidence is acquired,
analyzed and interpreted, and in a way that all parties involved and aggrieved understand the
proceedings. It provides a legal battle ground in which all are equally represented and informed.
The E-discovery related amendments were implemented in 2006 and rewritten in 2007 as
a way of making them more understandable by the public and legal practitioners. These
amendments brought about rules that directed courts on matters to do with Electronically Stored

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Information (ESI) with Rule 26 establishing the general provisions pertaining to the discovery
and the scope of discoverable physical and electronic information.
Allowing electronically transmissible data- such as email, instant messaging and voice
mails to be used as evidence in litigation processes has had great impact in the judicial sector.
Many crimes have been investigated and tried since the amendments came to force in 2006. The
Rules dictates on possible ways of uncovering and interpreting information to be used as
evidence against purported crimes. EDiscovery has been further boosted by the emergence of
data mapping and plethora of sources of information that is already at our disposal and which
make it possible to trace virtually all electronic data.
The amendment required organizations and business enterprises that could in any
possible way be involved in litigation process to prepare, preserve and present digital and
physical information as would be requested by law.
The amendment impacted on digital forensics software run in different organizations
while it required others to install them. Additionally, this meant that the programs generating
digital evidence had to be self-authenticating hence requiring no involvement of forensics
experts except on routine basis in the trial examination.
Prior to the amendment, Rule 902 enumerated a variety of documents that were presumed
to be self-authenticating and which did not require other evidences as a proof. Such documents
included notarized and governments documents, periodicals and newspapers. The new
amendment, however, through subpart 14 included electronic data that is digitally acquired.
If by any chance an unprofessional officer collects digital evidence by themselves, the
amendment provided for a series of analysis of such evidence through Rules 34 and 35 (Burgess

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Forensics, 2016). At the same time, it present a challenge to organizations to securely manage
their information, without creating legal loopholes that would subject them to later legal actions
against them.
Technology developments require that data and critical information is well secured. The
surging cybercrimes equally needs legislations that will protect digital information and software
patents. The 2006 amendment serves to meet these needs, but must always be developed a
technology and cybercrimes are becoming more intense and ubiquitous. However, the policy is
not provide absolute protection from sanctions mostly at instances where involved parties decide
to defy court orders. Given an opportunity, I would look on policing this area plus legislating on
record management.

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References
Ballard, S. L., & Carl, G. R. (2006, September). The 2006 Discovery Amendments To The
Federal Rules Of Civil Procedure. Corporate Counsel Business Journal. Retrieved June
01, 2018, from http://ccbjournal.com/articles/7217/2006-discovery-amendments-federal-
rules-civil-procedure
Burgess Forensics. (2016, January 23). The evolution of e-discovery and computer forensics,
Part 3: The 2006 ESI Amendments to the FRCP. Retrieved from Burgess Forensics:
https://burgessforensics.com/federal-rules-of-civil-procedure-and-esi/
William , W. S., & Alan, H. (2006). The Elements of Case Management: A Pocket Guide for
Judges. Federal Judicial Center. Retrieved June 01, 2018, from federaljudicialcentre:
https://www.fjc.gov/sites/default/files/2012/elemen02.pdf
ZAPPROVED. (2018, April 19). What is the FRCP? Retrieved May 31, 2018, from Zapproved:
https://www.zapproved.com/what-is-the-frcp-facts-about-the-federal-rules-of-civil-
procedure/