Defense Lawyers Call for Changes to the Federal Rules of Civil Procedure

The authors of this article have called for substantial changes in the Federal Rules of Civil Procedure.

Included in their proposals is this call for shifting the cost of discovery:

In General. A party submitting a request for discovery is required to pay the 

reasonable costs incurred by the party responding to a discovery request. 

(1) Such costs include the costs of preserving, collecting, reviewing, and producing electronic and paper documents, producing witnesses for deposition and responding to interrogatories.

(2) Each party is responsible for its own costs related to responding to Disclosure  Requirements under Rule 26. 

(3) Non parties responding to Subpoenas under Rule 45 shall be entitled to recovery of reasonable costs associated with compliance with the subpoena.

(4) The costs described in subsection (1) and (3) above shall be considered Taxable Costs under Rule 54(d).

Section 1 of this proposal is ridiculous and yet another effort by monied interests to make sure that that those with less economic power cannot challenge those with more economic power.  I hope that this proposal will be seen for what it is – an unabashed effort to close the doors of the courthouse to all of those who dare challenge the rich and powerful in this country.

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