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Fed. R. Civil P. 37

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Contains
Contains
Format: 2019
Greater than or equal to
December 1, 2015

Amendments to the following Federal Rules of Civil Procedure became effective on December 1, 2015: 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Rule 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available at FJC.gov:

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December 1, 2015
Paul W. Grimm

Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party failed to take reasonable steps to preserve it, and (3) it cannot be restored or replaced through additional discovery. The rule does not create a duty to preserve ESI. Instead, it leaves in place the common-law duty.

December 1, 2015
David G. Campbell

Amendments to the Federal Rules of Civil Procedure, which became effective on December 1, 2015, foster more cost-effective discovery through cooperation, proportionality, early and active case management, and considerations of electronically stored information (ESI).

This video is an overview of amendments to Rules 1, 16, 26, 34, and 37.

The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:

April 29, 2015

This package of materials was transmitted to Congress on April 29, 2015, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2015.

Amended were Federal Rule of Bankruptcy Procedure 1007 and Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Federal Rule of Civil Procedure 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available on the Federal Judicial Center’s website:

Downloadable file:
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June 6, 2011
Emery G. Lee

In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies.

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January 1, 1981
Carol Ann Mooney, Kenneth Francis Ripple, Robert E. Rodes

A survey of the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure, as reported in both the case law and the secondary literature. The report examines sanctions under Rules 47, 41(b), 55, 36, 11, and 16; several local rules; and rules permitting sanctions against attorneys rather than clients. The authors conclude that there is considerable laxity in the imposition of sanctions for violation of the rules, and they suggest several amendments to the rules.

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