On February 14, ARMA International submitted a comment letter to the Judicial Conference Advisory Committee on Civil Rules regarding its proposed amendments to the Federal Rules of Civil Procedure, which govern the procedure in civil actions and proceedings in U.S. district courts. ARMA’s letter focused on proposed amendments to rules regarding the scope of discovery and sanctions for failure to preserve discoverable information because those rules address issues of concern to records and information management professionals.
“As the leading international organization dedicated to information governance, ARMA has a strong interest in efforts to provide a consistent and predictable national standard applicable to the preservation of information relevant to civil litigation, amendments regarding the possible sanctions for unintentional failures to preserve, and a clear, reasonable definition of the scope of discovery in civil litigation,” the letter stated.
ARMA International’s information governance best practices known as the Generally Accepted Recordkeeping Principles® (Principles) identify the critical hallmarks of information governance and provide both a standard of conduct for governing information and metrics by which to judge that conduct.
ARMA believes it’s important that federal courts are aware of the Principles and that the rules of civil procedure reflect the importance of appropriate disposition policies for records and information that organizations are no longer required to maintain. Information management professionals working to comply with a duty to preserve information relevant to litigation also need better guidance about how to avoid being sanctioned for the inadvertent loss or destruction of information and about the limits of discoverable information.
To read the full text of ARMA’s comment letter, click HERE.