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Fed. R. Civil P. 26

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September 20, 2017
Ronald J. Hedges, Barbara J. Rothstein, Elizabeth C. Wiggins

This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits.

May 18, 2017

The Northern District of Illinois has created a specific list of events dedicated to the filing of pleadings under the Mandatory Initial Discovery Pilot Project. The complete list of pilot events are:

March 28, 2017
Timothy T. Lau, Emery G. Lee

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

January 29, 2016
Paul W. Grimm

Judge Paul W. Grimm, District of Maryland, developed the attached PowerPoint presentation describing the 2015 amendments to the Federal Rules of Civil Procedure. The amendments reformed discovery rules to maximize efficiency, including cost containment, and were not intended to deprive parties in civil litigation of proof or defense.

Additional information is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Downloadable files:
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:

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:

Downloadable file:
PDF icon Download 56 pages
December 1, 2015
John George Koeltl

This video describes amendments to Federal Rules of Civil Procedure 26(b)(1), 26(c)(1)(B), 26(d), and 34 that became effective on December 1.

Amendments to Rule 26(b)(1) are designed to promote proportional discovery: discovery tailored by the judge and the parties to meet the reasonable needs of the case. Proportional discovery provides the information needed by the litigants to prove their cases, but avoids excess and waste. Judges are encouraged to engage in a dialogue with the parties regarding the amount of discovery reasonably needed to resolve the litigation.

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:
PDF icon Download 144 pages
May 21, 2012
Barbara J. Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins

This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI).

Downloadable file:
PDF icon Download 48 pages

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