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Civil Procedure

Proposed Changes to Federal Rules Prompt Pushback

By Charles S. Fax

The Civil Rules Advisory Committee, in response to criticisms, withdrew some of its recommendations for changes to the Federal Rules.


Big Changes on the Horizon for the Federal Rules

By Charles S. Fax

Major changes are in the works for key provisions of the Federal Rules of Civil Procedure, including limitations on discovery and spoliation sanctions.


A Tale of Discovery under the Hague Convention: Was the Expense Worth It?

By Charles S. Fax

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 Is a Motion to Dismiss Not a Motion to Dismiss?

By Charles S. Fax

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?


A Trend Toward Cost-Shifting in Discovery?

By Charles S. Fax

In a growing number of discovery decisions, judges have invoked Rule 26 to impose cost-sharing.


Federal Spoliation Rule Moves Forward

By Charles S. Fax

There is a need for a uniform standard for rules to guide counsel in all federal courts.


Taking the Fun Out of Rule 45

By Charles S. Fax

Proposed amendments to Rule 45 will become effective in 2013 absent congressional action.


Why You Must Read the Local Rules

By Charles S. Fax

Consulting local rules ultimately saves time and expense.


A Modest Proposal: Discard Spoliation Sanctions

By Charles S. Fax

District courts have recognized the duty to preserve and the concomitant availability of sanctions for spoliation.


Does Federalism Work for the Federal Rules?

By Charles S. Fax

Is "federalism," as it is understood, a good thing?


The 7th Circuit E-Discovery Pilot Project [PDF]

By John M. Barkett

What we might learn and why it matters to every litigant in America.


One E-Discovery Trap and How to Avoid It

By Charles S. Fax

Zuckerberg suit moves forward, framing important e-discovery issues concerning authenticity of documents.


Does the Proposed Congressional Amendment to Rule 11 Solve a Problem or Create One?

By Charles S. Fax

The Rules Enabling Act is the best means of ensuring that any modification of the rules achieves its intended purpose.


Privilege Logs and Inadvertent Waiver: Lawyer Beware

By Charles S. Fax

Tread carefully in areas where judicial opinion is divided.


To Tell the Truth

By Charles S. Fax

What do you do when your client testifies falsely during a deposition?


Proportionality in E-Discovery: Wishful Thinking?

By Charles S. Fax

Can “proportionality” be applied to a duty to preserve that arises before the lawsuit is filed?


Instead of Revising the Rules, Why Not Simply Enforce Them?

By Charles S. Fax

Recent studies recommend making significant changes to the Federal Rules.


Greater Efficiency in Civil Procedure

By Lorna G. Schofield

Reform is needed, but what tools are available now to ease pretrial and trial burdens on counsel and clients?


Professionalism Undermined by Misconduct in Deposition

By Charles S. Fax

Professionalism and collegiality among adverse counsel are essential to the litigation process.

Technical Amendments to Rules in 2009 Presage Further Changes in 2010

By Charles S. Fax

Changes to the Federal Rules of Civil Procedure went into effect on December 1, 2009.

Rule 26 to Change: Limited Privilege for Draft Reports and Communications

By Charles S. Fax

Since it was last amended, Federal Rule of Civil Procedure 26(a)(2) has bedeviled lawyers.

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