The eDiscovery Resource Center™ is Bloomberg BNA’s comprehensive research solution for litigators and in-house counsel who require authoritative guidance on the handling,...
Jan. 4 — Chief Justice John Roberts Jr. devoted much of his 2015 Year-End Report on the Federal Judiciary to the new amendments to the Federal Rules of Civil Procedure, their history and their significance. The Report was released Dec. 31.
According to Chief Justice Roberts, “the amendments may not look like a big deal at first glance, but they are.” To illustrate this point, he noted the change to Rule 1, which now makes the parties, together with court, responsible for securing the “just, speedy, and inexpensive determination of every action and proceeding.” The chief justice explained that amended Rule 1 imposes an obligation on judges and lawyers to work cooperatively to control the cost and time demands of litigation.
The chief justice also noted that new Rule 26(b)(1) “crystallizes the concept of reasonable limits on discovery through increased reliance on the common-sense concept of proportionality.”
Lastly, the Year-End Report details the incorporation of the issue of ‘electronically stored information' and how it is handled in discovery, specifically through new 37(e).
“Many rules amendments are modest and technical, even persnickety, but the 2015 amendments to the Federal Rules of Civil Procedure are different,” he explained. “Those amendments are the product of five years of intense study, debate, and drafting to address the most serious impediments to just, speedy, and efficient resolution of civil disputes.”
The chief justice explained that the amendment process began as far back as 2010, when the Advisory Committee on Civil Rules sponsored a civil litigation symposium in which judges, professors and lawyers generated 40 pages and 25 data compilations, confirming that in many cases, civil litigation had become too expensive and time-consuming. The symposium highlighted a need for reforms that would encourage cooperation, steer discovery's focus toward proportionality and engage judges in active case management.
Chief Justice Roberts encouraged both the judiciary and lawyers to take advantage of trainings provided through the Federal Judicial Center and the American Bar Association and local bar organizations, respectively.
“The success of the 2015 civil rules amendments will require more than organized educational efforts,” the chief justice concluded. “It will also require a genuine commitment, by judges and lawyers alike, to ensure that our legal culture reflects the values we all ultimately share.”
The full text of the Year-End Report is available at http://src.bna.com/bOo
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)