![]() Under the amended Federal Rules, before a court may impose a sanction under Rule 37(e), the party seeking sanctions must make a threefold showing. In our previous newsletter ( link here), we explained the then anticipated, now applicable standard for determining sanctions of the loss of ESI. Preservation and Sanctions – Amended Rule 37(e) creates a new, uniform ESI-specific sanctions regime.Jonathan Tan’s article in this newsletter discusses this amendment in more detail, and likewise provides examples of recent cases interpreting the new rules. Specificity in Objections to Requests for Production – Amended Rule 34 alters how parties should object and respond to requests for production of electronic discovery. Jason Ohana’s article in this newsletter discusses this amendment in more detail, and provides some examples of recent cases interpreting the new rules on proportionality. Scope of Discovery and Proportionality – Amended Rule 26 refocuses the emphasis on proportionality with the goal of limiting the scope of discovery request to the needs of the specific case. The amendments to Rule 26 permit a party to send requests for production prior to the Rule 26(f) conference, although a party served need not respond until twenty-one days after the Rule 26(f) conference. Under amended Rule 16, a court must issue a Rule 16(b) scheduling order, unless the judge finds good cause for delay, within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared. Now, under Rule 4(m), the plaintiff must – absent a showing of good cause or in limited circumstances – obtain service on a defendant within 90 days after the complaint is filed. The following amendments are particularly notable to electronic discovery:Įarly Case Management– Amended Rules 4, 16 and 26 quicken the pace of litigation by shortening the period of time in which a plaintiff may serve a defendant, requiring Rule 16 scheduling conferences to occur earlier, and allowing a party to propound requests for production prior to the Rule 26(f) conference. It has been six months since much-touted amendments to the Federal Rules of Civil Procedure took effect on December 1, 2015. The amendments to the Federal Rules embody a desire to reduce the costs of litigation-especially the expense of omnipresent and expanding e-discovery-and to promote the more speedy resolution of civil cases. SIX MONTHS LATER: A GUIDE TO THE 2015 E-DISCOVERY AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE Having Access to the Right Tools is Essential to Controlling E-Discovery Costs.Requests for Production Under the 2015 Amendments to the Federal Rules.Six Months Later: A Guide to the 2015 E-Discovery Amendments to the Federal Rules of Civil Procedure.
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