This post concludes our discussion of Rebecca Rutherford’s CLE on the amended federal rules, presented on June 2, 2015. Our first post, covering the changes to Rule 26, can be found here. Our second post, addressing the changes to Rule 37, can be found here. This post addresses the remaining amendments.
Briefly, the remaining Rule amendments include:
- Rule 1 is amended to state that the parties share responsibility to “secure the just, speedy, and inexpensive determination of every action and proceeding.”
- Rule 4(m) shortens the time to serve the summons from 120 days to 90 days.
- Rule 16(b)(2) shortens the time for the Court to issue a scheduling order from 90 days to 60 days.
- Rule 16(b)(3) includes additional suggestions for the Court to include in its scheduling orders: (i) ESI preservation clauses, (ii) FRE 502 clawback provisions, and (iii) meet-and-confer requirements before discovery motions.
- Rule 55(c) is amended to state that Rule 60(b) may be used against final default judgments.
- Rule 84 removes all forms from the Rules.
A few thoughts from Ms. Rutherford:
- Rule 16(b)(2) (shortening time for the Court to issue a scheduling order) has a good-cause exception. Ms. Rutherford suggested that this exception may be easy to satisfy—the committee suggested that “complex issues” or “multiple parties” could justify extending the deadline.
- The Northern District already requires the parties to meet and confer before filing a discovery motion.
- Ms. Rutherford said that the amendments also encourage courts and parties to consider having scheduling conferences by telephone or videoconference, with the aim of saving time.