The public comment period for proposed amendments to the Federal Rules of Civil Procedure opened on August 15, 2013. As of October 31, 2013, 317 comments had been submitted, almost all pertaining to the proposed changes to discovery rules. The public comment period will continue until February 15, 2014. Comments can be submitted here. Live testimony may also be offered in Phoenix on January 9, 2014, and in Dallas on February 7, 2014. See here for more details.
Many comments have come from employment lawyers who have concerns that the discovery amendments will disfavor their clients, who are often engaged in “asymmetrical” litigation. The California Employment Law Association and 17 member firms have submitted comments, many using strikingly similar language. However, the comments also reflect the concerns of other attorneys, judges and advocacy groups. There is a surprising dearth of comments from defense firms and their clients, whose discovery obligations could be affected under the proposed amendments.
