December 18, 2013 Articles

New Spoliation Rule One Step Closer to Enactment

The amendments could have a greater impact on the bar in the long run than the various changes to the other rules

By Charles S. Fax

Major changes are in the works for several key provisions of the Federal Rules of Civil Procedure, including limitations on discovery and spoliation sanctions. At its meeting on August 15, 2013, the Advisory Committee on Civil Rules approved a number of amendments to the discovery rules that will have an immediate impact on practitioners if enacted. See Comm. on Rules of Practice and Procedure of the U.S. Judicial Conference, Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure (Aug. 2013). Written comments are due by February 15, 2014. (Comments may be submitted electronically through the Administrative Office of the United States Courts’ Proposed Amendments Published for Public Comment webpage. Hard-copy submissions may be mailed to the Committee on Rules of Practice and Procedure, Administrative Office of the United States Courts, Suite 7-240, Washington, D.C. 20544.)

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