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Federal Rules of Civil Procedure
Changes Recommended to the Proposed Amendments to the Federal Rules of Civil Procedure
April 15, 2014
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published. Too numerous to be discussed in full detail here, some of the more notable recommendations for changes to the proposed amendments include: the withdrawal of proposed new or reduced limitations to interrogatories, depositions, and requests to admit; changes to the proposed...
April 15, 2014
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published. Too numerous to be discussed in full detail here, some of the more notable recommendations for changes to the proposed amendments include: the withdrawal of proposed new or reduced limitations to interrogatories, depositions, and requests to admit; changes to the proposed...
Subcommittees Revise Key Proposed FRCP Amendments
April 7, 2014
After almost four years of wide-ranging debate and extensive public commentary, the process to amend the Federal Rules of Civil Procedure is entering its final laps. On Aug. 14, 2013 the Office of the United States Courts published a set of proposed FRCP amendments for public comment. The public comment period closed on Feb. 18, 2014. * * * There are two sets of amendments, the “Duke Package” and the FRCP 37(e) proposal. The “Duke Package,” named after the 2010 Duke University...
April 7, 2014
After almost four years of wide-ranging debate and extensive public commentary, the process to amend the Federal Rules of Civil Procedure is entering its final laps. On Aug. 14, 2013 the Office of the United States Courts published a set of proposed FRCP amendments for public comment. The public comment period closed on Feb. 18, 2014. * * * There are two sets of amendments, the “Duke Package” and the FRCP 37(e) proposal. The “Duke Package,” named after the 2010 Duke University...
Do Rule 45 Amendments Impact The Arbitral Subpoena Power?
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
Technology, Not Rules Changes, Is Answer to E-Discovery Costs, Arthur Miller Tells Senate Panel
December 17, 2013
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...
December 17, 2013
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...
Class Certification’s Predominance Standard Alive and Well in the Sixth Circuit
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment
August 14, 2013
At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure. The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. A proposed change to Rule 84 (namely, its abrogation) may also be published for public comment. Many of the amendments are quite far reaching and would have a substantial impact, particularly...
August 14, 2013
At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure. The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. A proposed change to Rule 84 (namely, its abrogation) may also be published for public comment. Many of the amendments are quite far reaching and would have a substantial impact, particularly...
Reflections on the Deformation of Federal Procedure
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
Are We on the Cusp of Major Changes to E-Discovery Rules?
May 8, 2013
By this time next year, we may be on the cusp of another major set of amendments to the discovery provisions of the Federal Rules of Civil Procedure. The United States Courts' Advisory Committee on Civil Rules voted last week to send a slate of proposed amendments up the rulemaking chain, to its Standing Committee on Rules of Practice and Procedure, with a recommendation that the proposals be approved for publication and public comment later this year. The most significant — and controversial...
May 8, 2013
By this time next year, we may be on the cusp of another major set of amendments to the discovery provisions of the Federal Rules of Civil Procedure. The United States Courts' Advisory Committee on Civil Rules voted last week to send a slate of proposed amendments up the rulemaking chain, to its Standing Committee on Rules of Practice and Procedure, with a recommendation that the proposals be approved for publication and public comment later this year. The most significant — and controversial...
Federal Discovery Proposals Would Further Limit Depositions, Emphasize Proportionality
May 8, 2013
Proposed amendments to the Federal Rules of Civil Procedure aim to reduce the burden of discovery. The proposals set lower...
May 8, 2013
Proposed amendments to the Federal Rules of Civil Procedure aim to reduce the burden of discovery. The proposals set lower...
So, How Much is My Case Worth?
March 25, 2013
You knew it was coming. You are sitting in a client meeting, explaining the procedure and the underlying issues of the case,...
March 25, 2013
You knew it was coming. You are sitting in a client meeting, explaining the procedure and the underlying issues of the case,...
