Lawyers suggest revamping FRCP.

• Position: LEGAL - Brief article

Almost three years after amendments to the U.S. Federal Rules of Civil Procedure (FRCP) took effect, the American College of Trial Lawyers Task Force on Discovery and The Institute for the Advancement of the American Legal System are calling for significant changes.

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The groups released a report they said may "one day underpin the transformation of civil procedure in federal and state systems throughout the United States."

According to the report, the current system is broken, and trial lawyers are overwhelmed by clogged courts resulting from increased litigation and electronic discovery.

To improve the situation, the report recommends:

* Adopting a fact-based pleading system to replace notice pleading with subsequent discovery.

* Holding an immediate conference to discuss preservation, with the judge issuing a preservation order. The "safe harbor" clause in 37(e) would be changed from "inadvertent" to a willful and reckless standard, the report suggests.

* Supporting mandatory disclosures by requiring plaintiffs to immediately produce information supporting their case, with the defense...