8 Responses to Georgetown Part Two: New Rules Are Coming!

  1. Ethan A says:

    Thanks for raising these developments from their usual inside baseball status – it’s good to see some discussion on early stages of these amdendments.
    A very small clarification – the Advisory Committee’s Dec. 5 2012 transmittal Memorandum only recommends the Rule 37 modifications for publication. it says the Advisory Committee hopes to be able to do the same for Rule 26 by June 2013.
    So the Rule 26 language is still quite fluid, if the degree of change in proposed Rule 37 between the March 2012 discussion and November 2012 voting is any indication.

  2. straybullett says:

    I guess I don’t agree with your statement regarding the lawyers being the problem with e-discovery incorporation into our justice system. Attorneys operate within the system provided to them. Quite clearly, the judiciary’s rulings regarding e-discovery have been for some time all over the map. And consistently they have called for parties to review everything under the sun, whether it be predictive coding or eyeball review. As far as sanctions regarding e-discovery misdeeds, in almost every situation it was one side or the other trying to get away with less than eithical behavior. What e-discovery has actually done is made it harder to get away with abuse of the discovery process. The attorneys who keep trying are the ones complaining the loudest.
    Ethical attorneys will follow the process willingly, if it was consistent and was described clearly, without leaving so much interpretation to be done by the judiciary.

  3. […] two reported on talk about the new Rules and Judge Scheindlin’s attack on same, Georgetown Part Two: New Rules Are Coming! This last part will point out a few more topics preoccupying the country’s best […]

  4. […] eDiscovery. Or, at least what passes for drama at an academic conference featuring federal judges. According to legal blogger Ralph Losey, Judge Shira Scheindlin, easily the most respected judge on discovery-related matters, told the […]

  5. […] of relevance in US eDiscovery? which was itself based on an article by Ralph Losey called Georgetown Part 2: New Rules are Coming! There was a curious lull after that, with relatively few US commentators seizing on two points in […]

  6. […] Part Two: New Rules Are Coming! http://bit.ly/ZptRTE (Ralph […]

  7. […] publicly criticized the rulemaking effort that began with the Duke Conference in 2010. Ralph Losey reported last year on Judge Scheindlin’s comments at the Georgetown Advanced eDiscovery Institute CLE […]

  8. […] 2. The proposed amendments to the Rules will be accepted by the Supreme Court, even 37(e). All of the proposed revisions to e-discovery related rules of federal civil procedure are set forth on my page listed above, Proposed Rules. They are all acceptable, and after some bickering on 37(e), they will all be adopted by the Supreme Court. Also see the blog I wrote in 2012: Georgetown Part Two: New Rules Are Coming! […]

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