changes to DISCOVERY RULES NOW IN EFFECT
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LCJ advocated for amendments to the FRCP governing discovery beginning in 2010. LCJ produced a white paper arguing for a uniform preservation rule and for discovery to be proportional to the needs of the case. LCJ then galvanized support for these reforms, producing multiple comments and witness testimony. On December 1, 2015, that monumental effort came to fruition when the major amendments intended to improve the practice of discovery in civil litigation went into effect. These changes were intended to reduce the costs and burdens associated with the epidemic of over-discovery while ensuring that all participants in the civil justice system have access to the information required to assert or defend against legal claims.
In 2016, LCJ filed a comment, which may be viewed here, with the Civil Rules Committee regarding early interpretations of the amendments encouraging the education of judges on the new rules. LCJ also is vigilantly monitoring case law interpretations, filing amicus briefs where appropriate to ensure the new rules are appropriately adopted by courts, and working with our defense bar partners to educate practitioners on the changes to discovery to ensure excessive and unnecessary discovery practice is curbed as intended. An easy to follow practitioner's guide may be found here: www.newfrcp.com. The below additional resources will also educate practitioners about the changes to discovery. |
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DEFENSE COUNSEL JOURNAL DEDICATED TO THE DISCOVERY AMENDMENTSAllman: History of the Amendments
Jablonski & Dahl: A Practitioner's Guide Dawson & Kelly: Upgrading Proportionality Owen: Actos Amicus Brief Related To Sanctions Entire October 2015 edition of DCJ available here. |
RECENT ARTICLES
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Federal Discovery Rules: What’s Changing and How Litigants Can Take Advantage Right Away
By Mathea K. E. Bulander, an Attorney with Redgrave LLP in the firm’s Minneapolis, Minnesota office, and Jason D. Moore, an Attorney in the firm’s Northern Virginia office. |
Chicken or Egg Problem: What Comes First: ESI Protocol or FRCP 34 Responses?
By Wendy Butler Curtis and Alison M. Kilmartin, Corporate Counsel |
The Federal Judicial Center is the research and education agency for the federal courts.
discovery amendmentsDuring the annual DRI meeting, starring a LCJ panel of experts including LCJ General Counsel Alex Dahl, Bob Owen, Partner, Sutherland, Asbill & Brennan, Malini Moorthy, VP and Associate General Counsel, Bayer as well as Judge Paul W. Grimm, U.S. District Court (MD) and former Chair of the Discovery Subcommittee discuss the new discovery amendments.
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SPECIAL REPORT Fixing Discovery: Are We There Yet?
New Rules, New Opportunities
by David G. Campbell
The Nuts and Bolts
A Roundtable Discussion
with Dean David F. Levi, Judge David G. Campbell, Judge John G. Koeltl, Chilton Varner, and Judge Derek P. Pullan
Rule 37(e): The New Law of Electronic Spoliation
by Gregory P. Joseph
From Rule Text to Reality
by Lee H. Rosenthal and Steven S. Gensler
Guidelines and Practices for Implementing the 2015 Discovery Amendments
published by the Duke Law Center for Judicial Studies
Click here for the entire edition.
by David G. Campbell
The Nuts and Bolts
A Roundtable Discussion
with Dean David F. Levi, Judge David G. Campbell, Judge John G. Koeltl, Chilton Varner, and Judge Derek P. Pullan
Rule 37(e): The New Law of Electronic Spoliation
by Gregory P. Joseph
From Rule Text to Reality
by Lee H. Rosenthal and Steven S. Gensler
Guidelines and Practices for Implementing the 2015 Discovery Amendments
published by the Duke Law Center for Judicial Studies
Click here for the entire edition.
