On September 16, 2014, the Judicial Conference of the United States approved proposed amendments to the Federal Rules of Civil Procedure. As described in the infographics below created by eDiscovery vendor Exterro, the proposed amendments include changes to (i) the definition of the scope of discovery in Rule 26(b)(1) and (ii) the standard courts should apply when considering sanctions for spoliation of electronically stored information (?ESI?) under Rule 37(e):
The U.S. Supreme Court will now consider the proposed amendments. Assuming the Court approves the proposed amendments before May 1, 2015 (which is expected), the amendments will become effective on December 1, 2015, unless Congress intervenes (which is not expected).
We will update you and provide analysis on the proposed amendments as the December 1, 2015 effective date approaches.
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