Commenting on the comments to the proposed amendments to the Federal Rules of Civil Procedure

All sides believe that the rules proposals do not do enough to achieve the just, speedy and inexpensive administration of justice, but that sets the stage for disagreement

In an earlier article, I reviewed the comments on the proposed amendments to the Federal Rules of Civil Procedure that were submitted by the New York State Bar Association’s Commercial and Federal Litigation Section. With the comment period for the proposed amendments coming to a close, let’s take a bird’s eye view at the hundreds of comments to see what people interested in the issues are saying. The proposed amendments address a variety of procedural mechanisms, but the comments all come down to one divisive issue — the impact of electronic discovery and what to do about it. While some of the positions taken may be fairly predictable given their proponents, some very interesting facts have been reported that may be surprising, horrifying or educational depending on your point of view.

At the time this article was being drafted, 388 comments on the proposed amendments had been filed. The first comments were filed on the first day the proposed amendments were published for public comment and the last in time for this article on the day the article was drafted. The commenters ranged the gamut from solo practitioners, law schools, industry associations, corporations, bar associations, special interest groups and everything in between or among this cornucopia.

Contributing Author

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Adam Cohen

Adam Cohen is Managing Director at Berkley Research Group and a Certified Information Systems Security Professional (CISSP) and former practicing attorney who for more than 20 years...

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