• Will Amendments to Federal Rules of Civil Procedure 26(b)(1) and 37(e) Reduce the Scope and Costs of Discovery?
  • December 9, 2015 | Authors: Daniel M. Braude; Marianna Codispoti
  • Law Firms: Wilson Elser Moskowitz Edelman & Dicker LLP - New York Office ; Wilson Elser Moskowitz Edelman & Dicker LLP - White Plains Office
  • December 1, 2015, which quite fittingly has been declared the inaugural E-Discovery Day, marks the implementation of a package of amendments to the Federal Rules of Civil Procedure, concluding a process that began more than five years ago. Most notably, Rules 26(b)(1) and 37(e) have received substantial revisions. As many litigators will be surprised to learn, the language “reasonably calculated to lead to the discovery of admissible evidence” has been dropped from Rule 26(b) and replaced in part with a limitation that discovery must be “proportional to the needs of the case.” As to Rule 37(e), courts are now prohibited from relying on inherent authority when imposing spoliation sanctions and are therefore limited as to when the most severe forms of sanctions can be imposed when electronically stored information (ESI) is lost or destroyed.