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Posts tagged Discovery.
Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set to take effect absent intervening Congressional action. The pending amendments are nearly five years in the making, flowing from the Conference on Civil Litigation sponsored by the Judicial Conference Advisory Committee on Civil Rules at the Duke University School of Law in 2010 (“Duke Conference”). Through the Duke Conference and the amendment ...

Proposed Amendments to Federal Rules of Civil Procedure Governing Discovery and Preservation of Electronically Stored Information One Step Closer to Approval

Over the course of the past two years, litigants have faced significant changes to Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, include rules governing subpoenas, discovery, case management, and preservation of electronically stored information (“ESI”). We previously discussed the long-awaited changes to Federal Rule of Civil Procedure 45 that were implemented on December 1, 2013 to streamline the use of subpoenas in federal civil actions (read our Rule 45 post). The wider reaching August 2013 Proposed Amendments ...

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

FEBRUARY 15TH DEADLINE TO COMMENT ON PROPOSED AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE:  In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for a party’s failure to meet its discovery obligations. The proposed amendments impose limitations on discovery and spoliation sanctions. Read my previous post for details.  Comments are due February 15, 2014. You may submit comments online.  Posted by Tony Lathrop ...

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 - Effective December 1, 2013, Barring Congressional Action

            This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration.  In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on discovery limits and spoliation sanctions and were published for public comment by the Judicial Conference Advisory Committee on Civil Rules on August 15, 2013 (the “Discovery Amendments”).  On December 1, 2013, some of the most long-awaited changes to the Civil Rules will take effect – the proposed amendments to Rule 45, which governs the use of ...

Proposed Amendments to Federal Rules of Civil Procedure Include Limitations on Discovery and Spoliation Sanctions, Published for Comment until February 2014

            The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on Civil Litigation at the Duke University School of Law (the “Duke Conference”) to address possible solutions for reducing the costs of civil litigation, particularly with respect to discovery.  We also have seen many reported cases over the past few years that have attempted to strike a balance between the obligations to preserve and produce information ...

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