Preliminary Sections

• Author: William M. Audet/Kimberly A. Fanady
• Pages: 1-16

HIGHLIGHTS

In December 2015, some of the most significant changes to the Federal Rules of Civil Procedure in the last

20-plus years went into effect. The overhaul affected Rules 1 (purpose of FRCP); 4 (time limit on serving

complaint); 16 (pretrial conferences, scheduling and management); 26 (discovery duties); 30 (depositions); 31

and 33 (interrogatories); 34 (document production and ESI); 37 (sanctions); 55 (default judgment) and 84 (forms

– abrogated).

This edition analyzes how these new rules have affected Federal Discovery and how practitioners can best handle

the changing landscape. Virtually every important case applying the new rules (well over 100) is cited and

discussed.

Developments covered include:

Overview of amendments outlining the key differences between the former and current versions of the Rules

Application of new Rules to pending cases.

 Rule 16 – Pretrial conferences, scheduling and management

 Parties must make direct contact with the court early on.

 Timeframe for issuing scheduling orders is shortened.

 Discovery conferences are required prior to formal motion practice.

 Rule 26(b) – Proportionality

 New proportionality requirement with five factors courts must consider.

 Trends in the application of the proportionality factors to limit scope of discovery.

 Relation to Motions to Compel.

 Relation to Rule 34(b) – Specificity in Objections.

 Rule 34(b) – Specificity in Objections

 Changes discourage boilerplate and unhelpful objections.

 Requirements responding parties must follow when objecting to discovery requests.

 Trends in the application of specificity in discovery objections.

 Rule 37(e) – ESI Sanctions

New ESI spoliation rules.

 Steps to take to avoid sanctions.

 The prominent trend in court decisions.

 Practical considerations.

HANDLING FEDERAL DISCOVERY

By William M. Audet & Kimberly A. Fanady

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