Changes to the Federal Rules of Civil Procedure

Yesterday I posted changes to the Federal Rules of Evidence.

Below, in the language of US Courts, are the changes to the Federal Rules of Civil Procedure. Absent action by Congress, the changes are effective December 1, 2006.

Civil Rule 9 (Pleading Special Matters) (conforming amendment pertaining to Supplemental Rule G)

Civil Rule 14 (Third-Party Practice) (conforming amendment pertaining to Supplemental Rule G)

Civil Rule 16 (Pretrial Conferences; Scheduling; Management) (establishes process for the parties and court to address early issues pertaining to the disclosure and discovery of electronic information)

Civil Rule 26 (General Provisions Governing Discovery; Duty of Disclosure) (requires parties to discuss during the discovery-planning conference issues relating to the disclosure and discovery of electronically stored information)

Civil Rule 33 (Interrogatories to Parties) (expressly provides that an answer to an interrogatory involving review of business records should involve a search of electronically stored information)

Civil Rule 34 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes) (distinguishes between electronically stored information and “documents”)

Civil Rule 37 (Failure to Make Disclosure or Cooperate in Discovery; Sanctions) (creates a “safe harbor” that protects a party from sanctions for failing to provide electronically stored information lost because of the routine operation of the party’s computer system)

Civil Rule 45 (Subpoena) (technical amendments that conform to other proposed amendments regarding discovery of electronically stored information)

Civil Rule 50 (Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings) (permits renewal after trial of any Rule 50(a) motion, deleting the requirement that a motion made before the close of all the evidence be renewed at the close of all the evidence)

Civil Rule 65.1 (Security: Proceeding Against Sureties) (conforming amendment pertaining to Supplemental Rule G)

Form 35 (Report of Parties’ Planning Meeting) (technical revision reflecting the proposed amendment to Civil Rule 26)

Supplemental Rule G (Forfeiture Actions in Rem) (establishes comprehensive procedures governing in rem forfeiture actions)

Supplemental Rule A (Scope of Rules), Supplemental Rule C (In Rem Actions; Special Provisions), Supplemental Rule E (Actions in rem and Quasi in Rem: General Provisions), and Rule 26 (General Provisions Governing Discovery; Duty of Disclosure) (conforming amendments pertaining to proposed Supplemental Rule G)

Read the text of the new rules here.