Why the Fuss to Change Rule 37(e)?

, The Legal Intelligencer


The comment period on the proposed changes to the Federal Rules of Civil Procedure closed Feb. 15. As that date approached, many parties weighed in, not all of them agreeing on everything, but all pretty much approving of the changes to Rule 26(b)(1), which repositions the requirement that the discovery demand be proportional to the value of the matter, and Rule 37(e), which appears to make it harder to prove a producing party liable for spoliation and which restricts the sanctions and other restorative measures a court can impose or require upon a finding of spoliation.

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