Category: Federal Rules Amendments

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Highlights (Day 1) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure
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Electronic Discovery Sanctions in the Twenty-First Century
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Highlights from the Second Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure
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Reminder: Last Chance to Submit Comments on Proposed Changes to the Federal Rules of Civil Procedure
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Highlights from the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure
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Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery
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Microsoft Corporation Comments on Proposed Amendments to the Federal Rules of Civil Procedure
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Written Comments to the Federal Civil Rules Available Online
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Public Comment Period Begins for Federal Civil Rules Proposals
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Advisory Committee Recommends New Rules for Electronic Discovery

Highlights (Day 1) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

On February 11-12, 2005 in Washington D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day one of the hearing, when the committee heard from over 30 witnesses. The complete testimony for this hearing, and the previous hearings, can be found here. Read More

Electronic Discovery Sanctions in the Twenty-First Century

Judge Scheindlin, United States District Court Judge for the Southern District of New York, has co-authored an article that surveys decisions concerning e-discovery sanctions issued since January 1, 2000. The article is meant to provide guidance for e-discovery reform by examining what state and federal courts have considered to be sanctionable conduct and the sanctions that have been imposed. Full text of the article can be found here.

Highlights from the Second Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

On January 28, 2005 in Dallas, the Civil Rules Advisory Committee held the second of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The committee heard testimony from 18 individuals. Following are some highlights of the testimony. The complete testimony can be found at here. Read More

Reminder: Last Chance to Submit Comments on Proposed Changes to the Federal Rules of Civil Procedure

On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery. The public comment period for these proposed amendments is now nearing its end. The last date for submissions is February 15, 2005.

A copy of the proposed amendments, and the corresponding Committee Notes, can be found here. Comments may be submitted electronically to the Secretary of the Standing Committee, via a link on the federal rulemaking website.

Highlights from the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

On January 12, 2005 in San Francisco, the Civil Rules Advisory Committee heard testimony from 15 witnesses. This was the first of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The following are some highlights of the testimony. The complete testimony can be found here. Read More

Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery

The first of three scheduled public hearings regarding proposed changes to the FRCP addressing electronic discovery took place in San Francisco January 12, 2005. Fifteen members of the legal community took advantage of the opportunity to publicly voice their views of the proposed amendments.

The diverse group included in-house counsel from corporations such as Microsoft and Intel, private practitioners – including both plaintiff and defense attorneys, and a computer forensic specialist. Participants commented on what they saw as the pros and cons of a series of proposed amendments to the FRCP designed to provide additional guidance to the courts and litigants engaged in the ever-growing area of e-discovery.

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Microsoft Corporation Comments on Proposed Amendments to the Federal Rules of Civil Procedure

Microsoft Vice President & Deputy General Counsel Tom Burt recently submitted comments and a visual diagram to the Committee on Rules of Practice and Procedure, which is currently accepting public comment regarding the proposed amendments to the Federal Rules of Civil Procedure addressing electronic discovery. Gregory S. McCurdy, Senior Attorney at Microsoft, will also be testifying before the Advisory Committee on January 12, 2005, in San Francisco at the first of three public hearings. Subsequent hearings are being held in Dallas, Texas, on January 28, 2005, and in Washington, D.C., on February 11, 2005.

Public Comment Period Begins for Federal Civil Rules Proposals

On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery.

The public now has until February 15, 2005 to comment to the Secretary to the Standing Committee regarding the proposed amendments. In addition, public hearings will be held at various dates prior to the February 15 deadline, allowing comments to be given via public testimony. The earliest the proposed rules may go into effect is December 1, 2006. For more information on the amendment process and the public comment period, please click here.

Advisory Committee Recommends New Rules for Electronic Discovery

In April 2004, the U.S. Judicial Conference Advisory Committee on Civil Rules submitted to the Standing Committee on Rules of Practice and Procedure several proposed amendments to the Federal Civil Rules specifically addressing the unique challenges of electronic discovery, recommending that the Standing Committee publish these proposals for comment in August 2004. The proposed rules mark the culmination of several years of work by the Advisory Committee and its Discovery Subcommittee examining the issue of whether and how the civil rules should be amended to specifically address electronic discovery issues.

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