Litigation: Proposed amendments to the FRCP prioritize early and active judicial management

Many of the proposed FRCP amendments work towards shortening and making more active the early stages of litigation

On May 8, 2013, the Advisory Committee on Civil Rules presented recommended changes to the Federal Rules of Civil Procedure to the Standing Committee on Rules of Practice and Procedure. One of the themes that was carried forward from the 2010 Duke Conference and accordingly was stressed during the Advisory Committee’s deliberations is the need for increased early and active judicial management. As discussed below, the Committee proposed changes to three rules that have the aim of furthering that goal.

As the Advisory Committee’s report succinctly notes, “time is money.” The early stages of litigation take too long, resulting in greater expense. Delay itself undermines the goals of Rule 1. Accordingly, certain proposed changes merely shorten time frames already existing in the Rules. Other proposed changes support increased judicial management in a more qualitative, as opposed to quantitative, way.

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Cynthia Courtney

Cynthia Courtney is the current assistant attorney general for the state of Connecticut. She was formerly vice president discovery engineering and general counsel at D4....

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Peter Coons

Peter Coons is senior vice president, Strategic Initatives for D4, LLC.

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