The 2015 Amendments to the Federal Rules of Civil Procedure apply to all cases filed on or after December 1, 2015, and to existing cases so far as is "just and practical." Here are the major changes.
Rule 4 shortens the deadline for service to 90 from 120 days and requires that a copy of the rule be attached to the summons.
Rule 16 shortens the deadline for scheduling orders to the earlier of 90 days after any defendant has been served or 60 days after any defendant has appeared; provides for the preservation of Electronically Stored Information (ESI); includes party agreements relating to privilege protection; and allows a judge to require a party to request a conference with the court before moving for a discovery-related order.
Rule 26 now
- requires discovery to seek information that is relevant and "proportional to the needs of the case" (instead of "reasonably calculated to lead to the discovery of admissible evidence");
- permits allocation of expenses for protective orders;
- allows delivery of requests for production before the 26(f) conference so that any objections to those requests may be discussed during the conference;
- allows parties to stipulate to a specific sequence of discovery; and
- requires discovery plans to address preservation of ESI.
Rule 34 now requires objections to discovery requests to state grounds with specificity and to state whether documents have been withheld.
Rule 37 provides for a duty to preserve ESI and for sanctions in the event ESI is lost and cannot be restored or replaced upon a showing of prejudice to the movant and failure by the responding party to "take reasonable steps to preserve it." Thus, when it becomes aware that litigation is likely, a company should initiate a litigation hold on ESI that could reasonably be considered relevant to the matter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
