Just two years after the 2007 amendments to the Federal Rules of Civil Procedure (Rules), the American College of Trial Lawyers and the ABA both published reports that articulated concerns of both the plaintiff and defense bars regarding discovery practice in federal court.1 The Advisory Committee on the Federal Rules of Civil Procedure (or the Advisory Committee) held a series of meetings at the Duke Civil Litigation Conference in 2010 to facilitate greater discussion regarding thematic challenges, proposed solutions and in particular whether further amendments to the Rules were needed to reduce cost and delay in civil litigation. Through these efforts the Advisory Committee drafted, and now presents for comment, proposed amendments to the Rules.2 The discovery-related amendments, coined the “Duke Rules Package” by the Advisory Committee,3 are below.4
Cooperation
• Rule 1 now states expressly that the court and parties should use the Rules for the just, speedy and inexpensive resolution of actions. Previously, Rule 1 merely stated that the Rules should be interpreted and administered to effect the just, speedy and inexpensive resolution of actions.
