How Will Proposed Changes to Federal e-Discover Rules Affect Your Practice?

The Federal Rules of Civil Procedure (Rules) may change the case management, scope, and sanctions related to e-discovery in federal courts, starting in late 2015. Proposed changes seek to encourage early and active case management, ensure proportionality in e-discovery, and advance cooperation among parties. 

The Committee on Rules of Practice and Procedure made draft versions of these rules available for public comment through February 15, 2014. The proposed changes to the Rules as related to e-discovery are summarized in this Alert, and all of the proposed changes are available here.

These changes may impact your practice, positively or negatively, depending on who you represent and the nature of the cases you try. Therefore we strongly encourage you to submit comments prior to the February 15 deadline, or to participate in one of the three public hearings on the proposed rules (Washington, D.C., on November 7, 2013; Phoenix on January 9, 2014; or Dallas on February 7, 2014).

About The Author

Dave Walton is an experienced litigator with a detailed, hands-on understanding of technology and e-discovery issues. He is vice chair of Cozen O’Connor’s Labor & Employment Department, managing director of the firm’s Electronic Discovery Practice and Advisory Services (ePAS), and co-chair of the firm’s E-Discovery Task Force. Dave brings a unique combination of skills to his practice – in addition to substantial trial experience, he offers a demonstrated understanding of technology and its impact on litigation outcomes.

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Posted in Articles, cooperation, eDiscovery, Federal, management, preservation, Procedure, proportionality, Public, rules, Sanctions

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