Civil Litigation
Jun. 4, 2016
A closer look at 2 important FRCP updates
Two critical amendments contained in the 2015 changes (Rules 26(b)(1) and 37(e)) bear re-visiting because of their impact on whether litigation may continue to be considered an efficient and cost-effective approach to the resolution of disputes.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
The New Jersey Law Journal (NJLJ) has singled out four trends shaping the future of e-discovery, chief among which is that education is insufficient on the part of law schools, bar, and bench (something we have discussed before), especially since the new 2015 Federal Rules of Civil of Procedure were adopted by the Supreme Court underlining that the scope has changed. This is emphasized by the sober observation of the NJLJ that "some courts are also missing the rules changes," and relying o...
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