Sweeping changes to the Federal Rules of Civil Procedure go into effect on December 1. You probably knew that. This special issue of Litigation Insights is devoted entirely to the changes to the FRCP. We are not here to recite these changes chapter and verse (although here is a link that does). Rather we want to give you suggestions on how to best utilize these new Rules to your strategic advantage. How can you capitalize on the new Rules to help you win your case? How will the changes to the Rules save you time, money, and aggravation? With those goals in mind, we address a few of the most important changes. The good news is the new Rules are designed to make the litigation more efficient and practical. Litigation is rarely fun for the parties involved, but we are confident that an awareness of the new Rules will give you an advantage.
The New Rules: Making Lawsuits Speedier and Less Expensive
By: Edward P. Cadagin
Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive” resolution of cases. Judging by the amendments, the Committee felt that civil litigation takes too long and lacks a collaborative esprit de corps. Additionally, the new Rules emphasize the importance of “proportionality” in discovery and reflect an adaptation to the increasing prevalence of Electronically Stored Information (“ESI”) in civil litigation. More >
Begin with the End in Mind: Collaboration with Outside Counsel in Preparing Trial-Ready Initial Pleadings
By: Andrew B. Flake
If there is a secret to effective business litigation, it is planning early and well – as early as preparing the complaint or, for defendants, their answer and defenses. While a cogent, powerful opening pleading has always been a means to create case momentum, in light of the December 1, 2015 amendments to the Federal Rules of Civil Procedure, a party’s initial pleading assumes even greater importance in shaping discovery. More >
An End to the Kitchen Sink Approach to Discovery Objections
By: Rebecca Lunceford
After constant complaints from litigants and lawyers on the length, breadth, and costs of discovery, there seems to be a real effort afoot to solve all three of these problems. The upcoming amendments to the Federal Rules of Civil Procedure, which go into effect on December 1, 2015, aim to decrease what have become the most expensive and time-consuming aspects of litigation. More >