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.
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There are two sets of amendments, the “Duke Package” and the FRCP 37(e) proposal.
The “Duke Package,” named after the 2010 Duke University...