May 18, 2016 Articles

The "Other" December 1 Amendments to the Federal Rules of Civil Procedure

Beyond the focus on sanctions in commentary on the 2105 amendments, how to avoid a sanctions fight in the first place.

By Ronald Hedges

Much ink has been spilled (figuratively at least, given that most “ink” is electronic) on the December 1st amendments to the Federal Rules of Civil Procedure. The focus of most commentary has been amended Rule 37(e), which is intended to create some degree of uniformity to the imposition of “remedial measures” (a/k/a sanctions) for the loss of electronically stored information. But there are other amendments that can save time and resources for litigators and perhaps prevent time-consuming and often unproductive motion practice under Rule 37(e). This article looks at these other amendments.


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