Catch Up With Discovery Practice Under Amended FRCP

In December, proposed amendments to the Federal Rules of Civil Procedure took effect. These amendments introduce measures aimed at making discovery practice more efficient and effective. As Chief Justice John Roberts noted, these procedural reforms grew out of a concern that "civil litigation has become too expensive, time- consuming, and contentious, inhibiting effective access to the courts." The amended rules constitute an effort to give meaning to the "affirmative duty [lawyers representing adverse parties have] to work together, and with the court, to achieve prompt and efficient resolutions of disputes."

The rules crystallize the scope of discovery and introduce a standardized vocabulary for discussing and resolving disputes. These amendments impact (and can improve) discovery practice under Rule 34.