To Amend or Not to Amend-That is the Question: Proposed Amendments to Federal Rule of Civil Procedure 26 (Post 1 of 5)

As new technologies emerge and difficulties in the discovery process of electronically stored information rise, the Federal Rules of Civil Procedure fails to provide an effective solution. This blog series discusses the proposed amendments to the rules of discovery and analyzes whether these amendments will be effective.

As laid out by the Cornell University Legal Information Institute, the overall scope of the Federal Rules of Civil Procedure is to “govern the procedure in all civil actions and proceedings in the United States district courts, except as  stated in  Rule 81,” and to ensure the “just, speedy, and inexpensive determination of every action and proceeding.” These rules are critical for the functioning of our court system—in terms of keeping all parties focused not on the minutiae of each argument, but on the overall goal of achieving fair and cost-effective solutions to legal problems. The rules are constantly evolving, and it is through a process whereby the bench, bar, and general public are able to contribute by submitting suggestions and comments regarding existing rules and proposed amendments. This keeps them up-to-date and accurate as the legal universe changes and evolves. The purpose of this blog series is to discuss a number of amendments that are currently under evaluation. In the four posts that follow there will be a closer examination of the proposed amendments to Rule 26(b)(1), Rule 26(f)(3)(C), Rule 26(f)(3)(D), and Rule 37(e) and an evaluation of whether these changes will be effective.