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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Standing Committee Approves Proposed Amendments to Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

The Standing Committee on Rules of Practice and Procedure today approved the amendments submitted by the Civil Rules Advisory Committee addressing discovery of electronically stored information.

The proposed text of each rule was approved without change; some changes were made to the committee notes. The entire package of amendments will be posted here when available.

Further approval is still necessary before the rules go into effect. The Judicial Conference will consider the package at its September 20, 2005 meeting. Then, the Supreme Court will consider it for promulgation (probably by May 1, 2006). An effective date of December 1, 2006 is expected.

  • http://www.delawarelitigation.com Francis Pileggi

    Thanks for the update.

  • Steven Moses

    Is it correct that none of the rules have become effective and therefore have not been posted in their amended form? Also, is is expected that the committee will approve the amendments as they have been suggested by the advisory committee as of May 27, 2005?

  • http://www.ediscoverylaw.com ediscoverylaw.com

    The earliest the rules may become effective is December 1, 2006. Although the Rules are not yet effective, we expect they will soon be available on the Federal Rulemaking website (see http://www.uscourts.gov/rules/index.html), which contains information on proposed and pending changes to the rules. As noted in the post above, the Standing Committee has approved the Advisory Committee’s suggested amendments. The text of the proposed Rules approved by the Standing Committee is the same as contained in the Advisory Committee’s May 27 memo. Subsequent to issuing this memo, however, the Advisory Committee made some modifications to the Notes accompanying the Rules. As a result, the text of the Notes approved by the Standing Committee is not exactly the same as was set forth in the May 27 memo.