Category: Trends & Emerging Issues

Posts that Address E-Discovery Trends or Emerging Issues (Including Rule Changes and Pilot Project Announcements)

1
Supreme Court Approves Proposed Amendments to Federal Rules of Civil Procedure, Submits Proposals to Congress for Approval
2
Another Milestone Passes: Judicial Conference Approves Federal Civil Rules Amendments
3
Committee on Rules of Practice and Procedure (“Standing Committee”) Approves Proposed Amendments to Federal Rules of Civil Procedure
4
Proposed Rule 37(e) Draft Committee Note Now Available
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Advisory Committee Approves Proposed Amendments to Civil Rules, Next Stop Standing Committee!
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Following Public Comment, Changes Recommended to the Proposed Amendments to the Federal Rules of Civil Procedure
7
Speak Now or Forever Hold Your Peace: Comment Period on Proposed Amendments to Federal Rules Closes February 15, 2014
8
Proposed Amendments to Civil (and Bankruptcy) Rules Posted for Public Comment
9
Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment
10
President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal Rules of Evidence

Supreme Court Approves Proposed Amendments to Federal Rules of Civil Procedure, Submits Proposals to Congress for Approval

Today, April 29, 2015, Chief Justice John G. Roberts submitted the proposed amendments to the Federal Rules of Civil Procedure which “have been adopted by the Supreme Court of the United States” to Congress for final approval.  Absent legislation to reject, modify or defer the rules, they will become effective December 1, 2015.

A copy of the Supreme Court’s submission to Congress is available here.

Another Milestone Passes: Judicial Conference Approves Federal Civil Rules Amendments

As reported by the National Law Journal (subscription required), the Judicial Conference has approved proposed changes to the Federal Rules of Civil Procedure.  No revisions to the proposals were reported.  The proposals will now go before the United States Supreme Court for review and, if approved, will take effect on December 1, 2015, absent any action by Congress to revise or reject the amendments.

The rules to be affected by the pending amendments include rules 1, 4, 16, 26, 30, 31, 33 and 34 (collectively known as the “Duke Rules Package”). The proposed amendments also include an entirely rewritten Rule 37(e) addressing preservation and sanctions.

For more information regarding specific proposed changes (including the proposed text of the rules), read the Summary of the Report of the Judicial Conference Committee on Rules of Practice and Procedure, HERE.

Committee on Rules of Practice and Procedure (“Standing Committee”) Approves Proposed Amendments to Federal Rules of Civil Procedure

Last week, the Committee on Rules of Practice and Procedure (the “Standing Committee”) approved proposed amendments to the Federal Rules of Civil Procedure, including the “Duke Rules Package,” addressing Rules 1, 4, 16, 26, 30, 31, 33, and 34 and a rewritten version of Rule 37(e), addressing preservation.  The proposed amendments were approved with only two revisions to the proposed Committee Notes for Rules 26(b)(1) (encouraging consideration and use of technology) and 37(e) (clarifying the role of prejudice in subsection (e)(2) of the proposed rule).  Meeting minutes reflecting the precise changes to the Committee Notes are not yet available, although the text of the rules as adopted was published in the Standing Committee’s meeting Agenda Book, available here.

The next stop for the proposed amendments is the Judicial Conference, which will consider the proposed amendments at its meeting in September. 

Proposed Rule 37(e) Draft Committee Note Now Available

As previously discussed on this blog, proposed amendments to the Federal Rules of Civil Procedure were recently approved by the Advisory Committee on Civil Rules for submission to the Committee on Rules of Practice and Procedure (the “Standing Committee”).  At the time of approval, the Committee Note for Proposed Rule 37(e) remained “under construction.”  The proposed note has now been drafted, however, and was published in the Agenda Book for the Standing Committee’s May meeting, to be held in Washington, D.C. on May 29-30.

A copy of the Agenda Book is available here.

Advisory Committee Approves Proposed Amendments to Civil Rules, Next Stop Standing Committee!

As was reported on this blog just last week, the Advisory Committee on Civil Rules met on April 10th and 11th to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment.  On the first day of meetings, the Advisory Committee unanimously approved proposed amendments to Rules 1, 4, 16, 26, and 34, including the Duke Subcommittee’s recommendations as outlined in the Advisory Committee’s Agenda Book (discussed in a prior post and available here).  As approved by the Advisory Committee, the amendments would, among other things, narrow the scope of discovery by eliminating discovery of information relevant to the “subject matter involved in the action”; move considerations of proportionality into Rule 26(b)(1); shorten the time for service under Rule 4(m); add the preservation of ESI and ER 502 agreements to the permitted contents of a Rule 16 scheduling order; modify the requirements for responses to Rule 34 requests for production; and allow early delivery of Rule 34 requests prior to parties’ Rule 26(f) conference.  The proposed amendments as adopted will now be submitted to the Committee on Rules of Practice and Procedure (“the Standing Committee”) for its review and potential approval.

On the second day of meetings, the Advisory Committee took up proposed amendments to Rule 37(e).  As was previously discussed on this blog, the Discovery Subcommittee to the Advisory Committee had recommended significant changes to the version of the proposed rule which was published for public comment.  The proposed amendments to Rule 37(e) underwent further revision, however, even as the meeting was ongoing, and a final version of the proposed amended rule was presented for the consideration of the full Advisory Committee on Friday morning.  Read More

Speak Now or Forever Hold Your Peace: Comment Period on Proposed Amendments to Federal Rules Closes February 15, 2014

As was previously reported on this blog, proposed amendments to Federal Rules of Civil Procedure 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and the Appendix of Forms were published for public comment on August 15, 2013.  Since that time, nearly 700 written comments have been submitted for consideration by the Advisory Committee on Civil Rules and more than 120 people have provided live testimony at one of three public hearings—a clear reflection of the importance of these proposed amendments and their potential effects on the future of civil litigation.

For those still interested in commenting, it is not too late!  The public comment period closes on February 15, 2014. 

For more information regarding the proposed amendments, or to learn more about submitting a comment, click here.

Proposed Amendments to Civil (and Bankruptcy) Rules Posted for Public Comment

The Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure is now published online for public comment.  The proposed amendments to the civil rules would affect rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and the Appendix of Forms.  Many of the proposed amendments are quite significant, particularly with regard to discovery, and our readers are therefore encouraged to review them carefully and share their thoughts with the Advisory Committee.

All written comments are due by February 15, 2014, and may be submitted electronically or by mail.  Members of the public may also present testimony on the proposed changes at any of three public hearings, scheduled for November 7th in Washington, D.C.; January 9th in Phoenix, AZ; and February 7th in Dallas, TX. 

To learn more about all of the proposed amendments and for instructions regarding how to submit your comments, click here.  For those interested only in the proposed amendments to the Rules of Civil Procedure, click here, to be taken directly to a discussion of those proposals.

Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment

At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure.  The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37.  A proposed change to Rule 84 (namely, its abrogation) may also be published for public comment.  Many of the amendments are quite far reaching and would have a substantial impact, particularly on discovery.

For more information, Click Here to read the May Report of the Advisory Committee on Civil Rules, where all proposed amendments are discussed in detail, and check back here on August 15th for a link to the proposed amendments as published for public comment.

President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal Rules of Evidence

On Friday, September 19, 2008, the President signed into law S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  The legislation protects against the inadvertent waiver of the attorney-client privilege or the work product protection.  S. 2450 is identical to proposed Evidence Rule 502, as approved by the Judicial Conference of the United States in September 2007.

Now that the bill has been signed by the President, it has been assigned Public Law Number 110-322 by the Office of the Federal Register.  Next, OFR editors will prepare it for publication as a Slip Law, and then include it in the next edition of the United States Statutes at Large

Public Law No. 110-322 is available here.

New Evidence Rule 502 will apply in all proceedings commenced after the date of enactment and, insofar as is just and practicable, in all proceedings pending on such date of enactment.

Additional information about the legislation may be found on the Library of Congress "Thomas" website, at http://www.govtrack.us/congress/bill.xpd?bill=s110-2450, and on the U.S. Courts’ Federal Rulemaking website.
 

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