Most lawyers and judges know that the Judicial Conference Advisory Committee on the Civil Rules has proposed another round of amendments to the Federal Rules of Civil Procedure. Designed to address the continuing challenges posed by the digital age to federal discovery practice, the proposals would touch many aspects of the discovery process.
Much of the commentary suggests that the draft changes would cure the present ills afflicting discovery—a Pollyannaish view. No doubt the proposed amendments, particularly the renewed emphasis on proportionality standards, represent enlightened improvements to the current rules regime. However, without a corresponding change in discovery culture by courts, counsel and clients alike, the proposed rules modifications will likely have little to no effect on the manner in which discovery is conducted today.
