by Tracy A. Leahy, Clark Hill PLC
New federal court rules for electronic-records maintenance and discovery took effect on Dec. 1, 2006. The rules govern discovery of electronically stored information in federal civil litigation.
While many states are enacting their own rules, Michigan has not. That means Michigan employers should be in good shape if they follow the federal rules.
Under the new rules, “electronically stored information” is recognized as a category of evidence on the same footing as paper documents or other discoverable information.
Electronically stored information means data that reside on desktop and laptop computers, an employee’s home computer, e-mails, servers, external hard drives, application files, storage and backup tapes, floppy discs, CDs, zip files, flash drives, optical discs, PDAs, iPods, BlackBerries, USB drives, cameras, cell phones, voice-mail systems, I-VOP systems and answering mach...(register to read more)