FRCP E-Discovery Rule 37(e) Revision Is Pending
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At its May 29-30, 2014 meeting, the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure will be asked to approve a new Rule 37(e) as proposed by the Judicial Conference Advisory Committee on Civil Rules to govern the failure of parties to preserve electronically stored information “that should have been preserved.”
The new rule—along with its Committee Note—is part of a package of civil rule amendments developed by the Rules Committee in the wake of the 2010 Civil Litigation Conference, held at Duke University’s law school, sponsored and organized by the JCACCR.
Its final form, Rule 37(e) differs markedly from the complex proposal published for public comment in Aug. 2013 that generated so many issues that it was completely revised—even undergoing a further major revision the night before it was adopted by the Rules Committee at its April Meeting.
Read original articleTags: Civil Litigation Conference, Judicial Conference Advisory Committee on Civil Rules, Rules Committee, U.S. Judicial Conference's Committee
