Lawyers must evaluate how much they can disclose to the court, and then risk denial of the motion, or a grievance from the client, if they say too little or too much.
There are ethical concerns relating to the compensation of fact witnesses, and the rules can vary from state to state.
Rule 30 lacks language concerning where a deposition should be held. Here's what to do in the absence of guidance in the rule itself.
If you are contemplating a Rule 12(f) motion—or must defend against one—it would be well to review the Blevins opinion closely.
Discovery abuse is widespread and requires corrective action by the judiciary.
Attorney disbarred after serial misconduct over a protracted period of time.
What happens when counsel dictates a petition and counsel signs it?
Judges should proceed carefully when considering arguable misconduct by lawyers under Rule 26(g).
Judge imposes sanctions after meticulous application of rules.
Proposed Rule 37(e) promises to bring rationality and consistency to the developing law of spoliation.
The new Rule 37(e) is based on the common law duty to preserve relevant information when litigation is reasonably foreseeable.
The Civil Rules Advisory Committee, in response to criticisms, withdrew some of its recommendations for changes to the Federal Rules.
Major changes are in the works for key provisions of the Federal Rules of Civil Procedure, including limitations on discovery and spoliation sanctions.
Rule 30(b) of the Federal Rules of Civil Procedure authorizes the taking of a deposition in a foregin country. But is the expense worth it?
When may 'extrinsic' exhibits that have not been pled in the complaint be used to support or oppose a Rule 12(b) motion to dismiss?
In a growing number of discovery decisions, judges have invoked Rule 26 to impose cost-sharing.
There is a need for a uniform standard for rules to guide counsel in all federal courts.
Proposed amendments to Rule 45 will become effective in 2013 absent congressional action.
Consulting local rules ultimately saves time and expense.
District courts have recognized the duty to preserve and the concomitant availability of sanctions for spoliation.
Is "federalism," as it is understood, a good thing?
What we might learn and why it matters to every litigant in America.
Zuckerberg suit moves forward, framing important e-discovery issues concerning authenticity of documents.
The Rules Enabling Act is the best means of ensuring that any modification of the rules achieves its intended purpose.
Tread carefully in areas where judicial opinion is divided.
What do you do when your client testifies falsely during a deposition?
Can “proportionality” be applied to a duty to preserve that arises before the lawsuit is filed?
Recent studies recommend making significant changes to the Federal Rules.
Reform is needed, but what tools are available now to ease pretrial and trial burdens on counsel and clients?
Professionalism and collegiality among adverse counsel are essential to the litigation process.
Changes to the Federal Rules of Civil Procedure went into effect on December 1, 2009.
Since it was last amended, Federal Rule of Civil Procedure 26(a)(2) has bedeviled lawyers.