Mimosa Observes FRCP Anniv.

Anniversary of Federal Rules of Civil Procedure amendments demonstrate requirement for email archiving with eDiscovery

December 4, 2007

1 Min Read
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SANTA CLARA, Calif. -- Mimosa Systems, a leader in live content archiving solutions, today pointed to advancements in email archiving that are addressing the demands of the December 1st, 2006 amendments to the Federal Rules of Civil Procedure (FRCP). The one year anniversary of the FRCP mandates mark significant technology advancements in email archiving for enterprises adopting eDiscovery applications to execute litigation holds, comprehensive searches, and information audits to ensure compliance.

"The December 2006 amendments to the Federal Rules of Civil Procedure for Electronic Discovery ushered in the use of email archiving for legal document retention and preservation," said Vivian Tero, Senior Research Analyst, Compliance Infrastructure, IDC. "The eDiscovery rule changes eliminated the need for emails to pass the hearsay test; hence, more companies are deploying email archiving applications to manage critical email as business records and to address future discovery burdens, as opposed to just meeting mailbox management and storage optimization needs."

The first wave of live content archiving products came to market in 2002 in response to the compliance regulations in the dealer/broker and financial services sectors. This was followed by the second wave resulting from litigation readiness requirements for Electronically Stored Information (ESI) - hastened by the amended FRCP requirements. These amendments further strengthened the expectations that companies must follow in federal litigation, especially in relation to electronic records.

The amendments were applied to Rules 16, 26, 33, 34, 37 and 45 and targeted at ESI. The amendments defined a new reality in how email is stored, retained and produced when called for. The amended Federal Rules of Civil Procedure are available at http://www.uscourts.gov/rules/newrules4.html.

Mimosa Systems Inc.

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