Federal Rules of Civil Procedure, Amended Rules, Proportionality

Failure to Schedule Depositions Together Was Discovery Abuse

Esquire Deposition Solutions, LLC on 4/16/2025

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more

Lawyers and Cooperation: The Ongoing Hurdle

Epiq on 11/30/2022

How can two adversaries learn to cooperate? That has been the burning question amongst litigators over the past seven years. On Dec. 1, 2015, significant amendments to the Federal Rules of Civil Procedure (FRCP) became...more

SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

Husch Blackwell LLP on 3/29/2021

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more

Bad Behavior in eDiscovery is Still Very Costly!

Foley & Lardner LLP on 5/15/2018

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in...

Farrell Fritz, P.C. on 3/1/2017

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

Butler Snow LLP on 2/10/2017

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more