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Proposed and potentially recommended changes to the Federal Rules of Civil Procedure relate to refining the scope of discovery in the digital age and the consequences for a party’s failure to preserve evidence. The Civil Rules Advisory Committee is considering implementing a requirement that the scope of permissible discovery be proportional to the litigation at issue, paring down the presumptive number of discovery requests, fostering more cooperation between the parties and court involvement in managing litigation and providing safeguards for parties against sanctions for the failure to preserve discoverable information when the failure was not willful or in bad faith. Learn about these changes and how they can affect your discovery efforts.

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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