On August 15, 2013, the Judicial Conference's Advisory
Committee on Civil Rules ("Advisory Committee") proposed
amendments to the Federal Rules of Civil Procedure
("FRCP"). The amendments included changes to several of
the Rules, with the most significant changes to Rules 26 and 37.
These changes, which the Advisory Committee first explored at a May
2010 conference at the Duke University School of Law, are arguably
the most significant modifications to discovery since the 1993
amendments requiring initial disclosures. From May 2010 to April
2013, the Advisory Committee developed the proposed changes, which
are designed to reach the goal of the FRCP—"[securing]
the just, speedy, and inexpensive determination of every action and
proceeding." The amendments realize this goal by expediting
the initial stages of each matter, ensuring that discovery is
proportional and limited to the claims and defenses at issue in the
litigation, and providing that parties are not subjected to
unnecessary costs related to an overly broad scope of discovery or
document preservation obligations.
The amendments were open to public comment from August 15, 2013 to
February 18, 2014. The more than 2,300 comments submitted run the
gamut from enthusiastically welcoming the changes as essential to
sharply criticizing them as unnecessary and unfair. Commenters on
both sides suggested further changes. Several bodies must now
consider the rules and these related comments. This White
Paper describes the proposed changes, provides an overview of
the comments submitted, and outlines the next steps in the
process.
Read the full White Paper.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
