Shook, Hardy & Bacon Data and Discovery Strategies Of Counsel Jesse Weisshaar and Partner Mark Cowing analyze changes to the Federal Rules of Civil Procedure in a Bloomberg BNA: Digital Discovery & e-Evidence® special report titled "Amendments to Discovery Rules: How Will You Be Affected?." Providing a detailed overview of the amendments that took effect December 1, 2015, the report addresses rules pertaining to discovery in general as well as the discovery of electronically stored information.
The authors explore the practical implications of increased court involvement in the discovery process, discussing new provisions that emphasize proportionality and seek to facilitate "early, frequent and informed" cooperation between parties. They recommend that parties be prepared to "act sooner," "be specific" and "reassess preservation practices." As the report concludes, "[A]ll involved should be prepared to adjust their existing approaches to discovery to comply with the compulsory aspects of the Rules’ amendments: (a) the reduction in time before parties and the courts begin addressing discovery-related matters; (b) the increased specificity required in objections and answers to discovery requests; and (c) the corrected (for some) and new standards for determining the scope of discoverable information and when sanctions for lost [electronically stored information] can be imposed."