eDiscovery Daily Blog

Changes to Federal eDiscovery Rules Are One Step Closer – eDiscovery Trends

In April, we referenced Henry Kelston’s report in Law Technology News that another major set of amendments to the discovery provisions of the Federal Rules of Civil Procedure is getting closer and could be adopted within the year.  Now, the amendments are one step closer to enactment as they have been approved for public comment.

Henry Kelston reports again in Law Technology News (Proposed Discovery Amendments Move to Public Comment), noting that “With minimal discussion and no significant dissent, the Judicial Conference of the United States’ Standing Committee on Rules of Practice and Procedure voted on June 3 to approve for public comment the full slate of proposed amendments” that was previously approved by its Advisory Committee on Civil Rules.

As we summarized previously, potential revisions that have impact to discovery include changes to Rules 26, 30, 31, 33, 34, 36 and 37.  As Kelston reports, “The package also includes changes to Rule 1, adding language to the text to emphasize that the responsibility to use the rules in order ‘to secure the just, speedy and inexpensive determination of every action’ lies with the parties as well as the courts, and inserting comment language to encourage cooperation among parties in applying the rules.”

Apparently, Rule 1 was the only rule to receive votes against it as it received three dissenting votes.  Nonetheless, the proposed amendments were voted on as a package by the standing committee, who voted unanimously in favor of approving the package for publication.

After anticipated publication for public comment later this summer, the public comment period for proposed rules is expected to last six months.  Kelston reports that the “advisory committee, anticipating a high level of public interest in the proposals, plans to hold public hearings in several cities around the U.S.”, with the first hearing “expected to being held in November in Washington, D.C., to coincide with the advisory committee’s next scheduled meeting.”

We’ll keep you posted as the amendments progress.

So, what do you think?  Are you pleased or concerned with the proposed amendments?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.