the below listed Federal Rules of Civil Procedure were amended to clarify the process of retrieving, saving and producing electronically stored information in anticipation of and during litigation. A. Goldblatt comment 8-1-12: These rules indeed apply to us! However, it is important to note that they apply only when a lawsuit is filed or is reasonably anticipated (the latter a subjective call). In all other circumstances, the data may be retained in accordance with the University’s document retention schedule. When we are sued or believe a lawsuit is forthcoming, I issue a formal letter to involved University employees advising them of their obligation to preserve relevant data. The responsibility for enforcing compliance with that letter is shared by Risk Services, Campus Counsel, and outside counsel, with the primary burden on outside counsel once they have been hired to defend the suit.
Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information