Federal Rules of Civil Procedure Amendments on the Horizon, 0614 RIBJ, 62 RI Bar J., No. 6, Pg. 15

• Author: Stephen J. MacGillivray, Esq., Edwards Wildman Palmer, LLP, Providence, Raymond M. Ripple, Esq., Edwards Wildman Palmer, LLP, Providence

Federal Rules of Civil Procedure Amendments on the Horizon

Vol. 62 No. 6 Pg. 15

Rhode Island Bar Journal

June, 2014

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0May, 2014

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 Stephen J. MacGillivray, Esq., Edwards Wildman Palmer, LLP, Providence, Raymond M. Ripple, Esq., Edwards Wildman Palmer, LLP, Providence

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Changes to the Federal Rules of Civil Procedure - the procedural rules that govern the life of a case in the federal trial courts - are on the horizon. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (Standing Committee) approved a report for publication containing proposed amendments to the Federal Rules of Civil Procedure (Report). On August 15, 2013, the Report was released to the bench and bar for a six month public comment period, including a series of public hearings held in Washington, D.C., Phoenix, Arizona, and Dallas, Texas. The public comment period was initially scheduled to close on February 15, 2014.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0If approved by the Standing Committee, the proposed amendments will be submitted to the Judicial Conference with a recommendation for approval, who, in turn, submits the proposals to the Supreme Court. If approved by the Supreme Court, Congress has seven months to approve or reject the new rules. The revised rules would be officially promulgated on or before May 1, 2015, and take effect on or after December 1, 2015.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0If approved, the proposed changes will have a significant impact on practice in the federal courts. The changes are designed to promote early case management, streamline discovery, and advance cooperation among the parties. What follows is a summary of the proposed changes reflected in the Report, a consideration of their rationale, and a discussion of the reaction thus far.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0I. Summary of the Proposed Amendments

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0For many years, courts and litigants have recognized the escalating cost of discovery and pre-trial practice in federal civil litigation. In May 2010, a conference was held at Duke University Law School (Duke Conference) to discuss ideas and proposals designed to reduce the cost and delay of civil litigation. Although numerous ideas were considered, the main themes emerging were proportionality in discovery, cooperation among lawyers, and early and active judicial case management. The majority of the present proposed changes to the Federal Rules of Civil Procedure were generated at the Duke Conference - the so-called "Duke Rules Package." The Duke Rules Package contains a comprehensive proposal to amend Rules 4, 16, 26, 30, 31, 33, 34, 36, and 37 of the Federal Rules of Civil Procedure. Additionally, the Civil Rules Advisory Committee's Discovery Subcommittee proposed revisions to Rule 37(e), seeking to modify the use of sanctions for e-discovery violations by adopting a uniform standard for spoliation.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0A. The Duke Rules Package - Proposed Amendments to Federal Rules of Civil Procedure 4, 16, 26, 30, 31, 33, 34, 36, and 37.

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