Technology, Not Rules Changes, Is Answer to E-Discovery Costs, Arthur Miller Tells Senate Panel
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In a post here last April, we discussed proposed changes to the Federal Rules of Civil Procedure designed to enhance cooperation and proportionality and to standardize sanctions. A preliminary draft of those rule changes has now been posted for public comment, with the commend period closing on Feb. 15. Before they could take effect, the rules would have to be approved by the Judicial Conference’s Standing Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court. If the rules make it through all those hurdles, then they would take effect unless Congress acts to reject or modify them.
Given how far the process still has to go, it was notable that a subcommittee of the U.S. Senate Committee on the Judiciary convened a hearing this week on the proposed rules package. The hearing, held Nov. 5 before the Subcommittee on Bankruptcy and the Courts, sought to address the question: “Will limiting the scope of civil discovery diminish accountability and leave Americans without access to justice?”
Read original articleTags: Arthur Miller, Federal Rules of Civil Procedure, Judicial Conference, Supreme Court
