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Litigation: Cooperation in the proposed Federal Rules amendments

The failure of cooperation in discovery has caused some judges to take forceful action to influence and require that lawyers cooperate

In part 2 of this series, we described the proposed amendments to the Federal Rules of Civil Procedure that are intended to promote active and early judicial case management. In part 3, we described the proposed amendments that are intended to promote increased proportionality in discovery. In this part, we will describe the proposed amendment that is aimed at increased cooperation among litigants and their counsel.

In the previous article regarding proposed Rule amendments that would foster proportionality, we noted that the word “proportionality” is a word of great substance, not to most or even many litigators, but in the more rarefied atmosphere of e-discovery blogs and the occasional discovery ruling. The same can be said of the word “cooperation.” If you aren’t a lawyer who follows the Sedona Conference®, and who therefore knows about the Conference’s Cooperation Proclamation, you may not be fully engaged with the weight of the word “cooperation” as some judges and parties use it today.

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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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