eDiscovery Daily Blog

Revised Federal Rule Amendments One Step Closer – eDiscovery Trends

As noted by a recent article in Law Technology News, a revised package of amendments to the Federal Rules of Civil Procedure (FRCP) is one step closer to being adopted.

The article Standing Committee OKs Federal Discovery Amendments, written by Thomas Allman, notes that last month, the Committee on Rules of Practice and Procedure (the “Standing Committee”) approved proposed amendments to the Federal Rules of Civil Procedure, including the 2010 Civil Litigation Conference, held at Duke University’s law school, sponsored and organized by the advisory committee (a.k.a., 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 amendments include significant changes from the original proposals, reflecting feedback from three public hearings that drew more than 120 witnesses and 2,356 written comments.  Many of those comments were focused on controversial Rule 37(e) – discussed on this blog here.

As the article notes, “[t]he next stop is a review by the Judicial Conference in September. If approved, the U.S. Supreme Court will be asked to review and vote on whether to send the amendments to Congress. If that occurs before May 2015, the individual rules will become effective in December 2015, unless Congress disapproves.”

Here is a link to the agenda and the text of the rules as adopted that was published in the Standing Committee’s meeting Agenda Book.

Click here, here, here, here and here for previous posts on this blog regarding the proposed rules changes.

So, what do you think?  Will the rules amendments pass this time?  Should they?  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.

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