Tag: FEDERAL RULES AMENDMENTS

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Advisory Committee on Federal Evidence Rules to Consider New Rule Codifying Waiver of Privilege by Disclosure
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Judicial Conference Approves Proposed Amendments to Federal Rules of Civil Procedure
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Rules & Procedures: Extreme Makeover
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Standing Committee Approves Proposed Amendments to Federal Rules of Civil Procedure
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Proposed Amendments to Federal Rules of Civil Procedure Submitted to Standing Committee
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Advisory Committee Approves Amendments to Federal Rules of Civil Procedure
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Highlights (Day 2) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure
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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

Advisory Committee on Federal Evidence Rules to Consider New Rule Codifying Waiver of Privilege by Disclosure

Pike and Fischer’s Electronic Evidence Update, a service of Pike and Fischer Digital Discovery and e-Evidence, reported today that the Advisory Committee on the Federal Rules of Evidence will consider a new rule during a meeting on April 24. Proposed Federal Rule of Evidence 502 codifies waiver of privilege and work product protection by disclosure, and includes exceptions to such waiver. An exception for inadvertent disclosure addresses the concern that the cost of privilege review has become prohibitive in cases involving electronic discovery. The rule also codifies the controlling effect of (1) court orders regarding the preservation or waiver of privilege or work product protection and (2) party agreements regarding the effect of disclosure. Court orders are made applicable to non-parties, and party agreements regarding the effect of disclosure are made binding on the parties to the agreement but not on other parties unless the agreement is incorporated into a court order. Read More

Judicial Conference Approves Proposed Amendments to Federal Rules of Civil Procedure

The Judicial Conference today approved the package of proposed rule amendments addressing the discovery of electronically stored information. It was approved unanimously, without question or objection, and will now be considered by the Supreme Court. If promulgated by May 1, it will become effective on December 1, 2006 absent intervention by Congress.

The September 2005 report from the Committee on Rules of Practice and Procedure to the Judicial Conference, which includes a copy of the amendments, can be found here.

Rules & Procedures: Extreme Makeover

Law Technology News, EDD Showcase, August 2005
By Helen Bergman Moure

On June 16, 2005, discovery practice took a huge step forward when the Standing Committee on Rules of Practice and Procedure approved a set of proposed amendments relating to electronic discovery. The proposed rules and their accompanying “Notes” now face three remaining hurdles: Judicial Conference of Senior Circuit Judges approval; Supreme Court approval; and Congressional review.

Assuming they are not delayed, amended, voided, or deferred during these remaining steps, the amendments will become effective on December 1, 2006. Click here to read the entire article.

Standing Committee Approves Proposed Amendments to Federal Rules of Civil Procedure

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.

Proposed Amendments to Federal Rules of Civil Procedure Submitted to Standing Committee

On May 27, 2005, the Civil Rules Advisory Committee submitted to the Standing Committee on the Rules of Practice and Procedure a comprehensive package of proposed amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information, including revisions of Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The submission can be found here.

The Standing Committee will consider the proposals at its June 15-16, 2005 meeting. If all the remaining steps of the process proceed on schedule, the rules amendments would go into effect in December 2006.

Advisory Committee Approves Amendments to Federal Rules of Civil Procedure

On April 14-15, 2005, the Civil Rules Advisory Committee met to discuss the fate of proposed amendments to Federal Rules of Civil Procedure relating to e-discovery. Taking into consideration feedback received during the recent public comment period, the Advisory Committee approved amendments to Rules 16, 26, 33, 34, and 45. The Committee also approved, in principle, amendments to Rule 37. Read More

Highlights (Day 2) 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 two of the hearing, when the committee heard from 13 witnesses. The complete testimony for this hearing, and the previous hearings, can be found here. Read More

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

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