The law in the federal courts governing whether litigants must disclose their backup tapes just changed. Faced with the cost, burdens and uncertainties of mining backup tapes, as well as other sources of data that are difficult to reach, most litigants have simply been ignoring their backup tapes. No more. The amendments to the Federal Rules of Civil Procedure adopt a new standard that embraces the Zubulake I distinction between “accessible” and “inaccessible” data, and requires the disclosing party to identify all its sources of data.
Grant J. Esposito & Thomas M. Mueller,
Backup Tapes, You Can’t Live With Them And You Can’t Toss Them: Strategies For Dealing With The Litigation Burdens Associated With Backup Tapes Under The Amended Federal Rules Of Civil Procedure,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol13/iss3/6