What are some recent changes in Federal Civil Procedure that might alter how lawyers should approach litigation?
California civil litigation attorney and law professor Ivo Labar discusses how new rules to civil procedure are designed to speed things up, portionality related to discovery, and changes to electronically stored information.
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The new changes in 2015 to the Federal Rules of Civil Procedure, which are called the Duke Amendments, have three main goals. The main goals are to speed things up by making sure that process is served quicker and that there are more infrequent status conferences under which judges can take control of litigation in Federal Court. Also, the second important change is portionality related to discovery. Judges are given more discretion to allow more or less discovery depending on the circumstance of the case. And finally, and what’s most important to most working litigators is changes to the E.S.I. Rules, Electronically Stored Information, and that actually, again, gives judges more discretion and leeway in determining sanctions or other remedies for situations in which e-mails and other types of electronic evidence are destroyed.