Proposed Rule Changes on E-filings, Unpublished Decisions and E-discovery

In June 2005, the Committee on Rules of Practice and Procedure (the committee) reviewed important suggested changes to the Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Appellate Procedure that will affect litigants in federal courts.

First, the Advisory Committee on Civil Rules proposed that FRCP 5 be amended to authorize a court to require electronic case filing via local rule. Civil Rule 5(e) currently authorizes a court to adopt local rules that "permit" a party to file papers by electronic means. The original proposal would have made it mandatory for litigants to file papers with the court electronically. However, during the public comment period, the ABA expressed concern that e-filing would cause hardships for litigants who did not have access to personal computers. Based on these concerns, the proposal was amended to authorize a court to require e-filing by local rule only if reasonable exceptions are allowed. The committee has recommended that the amended