The term "electronically stored information" was introduced to the Federal Rules of Civil Procedure in the 2006 amendments. The Committee Comments to Rule 34 state:
The United States District Court for the Southern District of Florida has created an ESI checklist in connection with FRCP 26(f) and Local Rule 16.1(b)(2). See this entry in the eDiscovery Daily Blog for a description.
ABA Model Rule 3.4 Fairness to Opposing Party and Counsel
A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
***Florida Rules of Professional Conduct Rule 4-3.4 Fairness to Opposing Party and Counsel
A lawyer must not: (a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; *** ![]() This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. |