On Dec. 1, 2015, the long-anticipated amendments to the Federal Rules of Civil Procedure (FRCP) came into effect, reflecting perhaps the most significant federal civil rules changes in decades. The amendments represent the second set of FRCP amendments specifically in response to the explosion of e-discovery in modern litigation, following the much-heralded first such set of amendments in 2006, which introduced us to the term “electronically stored information” (ESI). These new amendments aim to address high impact issues in e-discovery practice including the skyrocketing costs of e-discovery and the existing circuit split over the standard for sanctions for failure to preserve ESI.
Roadmap to Change
The enactment of the new FRCP amendments is the culmination of a multi-year process led by the Civil Rules Advisory Committee (Rules Committee) under the supervision of the Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee). The movement for change began in earnest during Duke Law School’s May 2010 conference on civil litigation in federal courts (the Duke Conference),1 where federal judges, academics, and practitioners analyzed current e-discovery practices and proffered their visions and suggestions for reform.
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