eDiscovery Amends The Federal Rules Of Civil Procedure
August 13, 2013
When eDiscovery came onto the scene it changed the way information was processed, which in turn changed laws and litigation. Clearwell Systems’s eDiscovery Blog takes “A Comprehensive Look At The Newly Proposed eDiscovery Amendments To The Federal Rules Of Civil Procedure.” The Standing Committee on Rules of Practice and Procedure approved for public comment amendments that are supposed to streamline discovery, encourage cooperative advocacy, eliminate gamesmanship, and most importantly provide solutions for the endless eDiscovery–related problems. The blog plans to cover all the proposed amendments with insights on how they will affect judicial case management. It will pay special attention to Federal Rule 37(e) that will crate a uniform national standard for discovery sanctions stemming from failures to preserve evidence.
What exactly will the amendments change?
“Drafted by the Civil Rules Advisory Committee, the proposed amendments are generally designed to facilitate the tripartite aims of Federal Rule 1 in the discovery process. To carry out Rule 1’s lofty yet important mandate of securing “the just, speedy, and inexpensive determination” of litigation, the Committee has proposed several modifications to advance the notions of cooperation and proportionality. Other changes focus on improving “early and effective judicial case management.” Judicial Conference of the United States, Report of the Advisory Committee on Civil Rules 4 (May 8, 2013) (Report).”
So far Rule 1 is trying to make lawyers and associated parties play together nicely. No doubt parameters will be set, but would it not be easier to have everyone watch a few episodes of Sesame Street?
Whitney Grace, August 13, 2013
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