By this time next year, we may be on the cusp of another major set of amendments to the discovery provisions of the Federal Rules of Civil Procedure. The United States Courts’ Advisory Committee on Civil Rules voted last week to send a slate of proposed amendments up the rulemaking chain, to its Standing Committee on Rules of Practice and Procedure, with a recommendation that the proposals be approved for publication and public comment later this year.
The most significant and controversial of the proposals would narrow the scope of discovery under Rule 26; impose or reduce numerical limits on written discovery and depositions under Rules 30, 31, 33 and 36; and, in Rule 37, adopt a uniform set of guidelines concerning the imposition of sanctions when a party fails to preserve discoverable information. Proposed amendments to Rule 34 would tighten the rules governing responses to requests for production of documents.
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