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 This page last updated on:
5/30/2007  8:50 PM


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E-Discovery
Get Your E-information House in Order

Make sure you’re in compliance with new rules that include electronic communication in the legal discovery process.


Maryland Judge Expounds on Importance of Authenticating Electronic Evidence

This is an overview of a recent court decision that points out the weight given to the process of authenticating electronic evidence in legal matters. A link to the court decision is included.


School IT's Assignment: Obey E-discovery Rules

Districts face heavy summer workload to comply with new federal regulations.


New ESI and E-Discovery Page Posted at EDUCAUSE Connect

On the newly posted ESI and E-Discovery resource page, resources regarding the December 2006 amendments to the Federal Rules of Civil Procedure concerning the discovery portion of the litigation process are now available. Although discovery has included electronic materials for some time, the amendments specifically recognize electronically stored information (ESI) and E-Discovery, the process by which ESI is exchanged during the early stages of litigation.

The resources available were provided by colleges, universities, and other parties interested in helping institutions of higher education formulate their own policies to handle ESI.


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Data retention addresses the life cycle of a data/documents, from its creation through its maintenance and archiving and until its eventual destruction/disposal, including:

  • What data must be maintained?
  • How must data be maintained?
  • How long must it be maintained?
  • Can a data/documents be maintained exclusively in electronic format?
  • Does the law treat electronic records, such as e-mail, differently than paper records?
  • Are there different federal and state requirements?
  • Do requirements differ based on industry?
  • What are the penalties for failure to comply with retention requirements?
  • When may a data or electronic records be destroyed?
  • Can an organization keep data/records longer than required by law?
  • How must an organization treat its data when it receives a subpoena or receives a civil or criminal complaint?

 

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