Overview of December 2015 Amendments to the Federal Rules of Civil Procedure | Practical Law

Overview of December 2015 Amendments to the Federal Rules of Civil Procedure | Practical Law

A Legal Update summarizing the December 1, 2015 amendments to the Federal Rules of Civil Procedure (FRCP).

Overview of December 2015 Amendments to the Federal Rules of Civil Procedure

Practical Law Legal Update w-000-6911 (Approx. 6 pages)

Overview of December 2015 Amendments to the Federal Rules of Civil Procedure

by Practical Law Litigation
Law stated as of 01 Dec 2015 • USA (National/Federal)
A Legal Update summarizing the December 1, 2015 amendments to the Federal Rules of Civil Procedure (FRCP).
Significant amendments to the FRCP became effective on December 1, 2015. The amendments, which apply to both new and existing civil actions pending in federal court, may offer parties some tools to reduce the costs and burdens of discovery by, among other things:
  • Imposing significant new limits on the scope of discovery.
  • Clarifying the standards concerning the preservation and loss of electronically stored information (ESI).
  • Fostering cooperation among counsel and early engagement by courts in civil case management.
  • Streamlining the discovery process.
This table summarizes the December 1, 2015 amendments. 
Rule
Amendment
FRCP 1 (scope and purpose of FRCP)
  • Parties must share responsibility with court to secure just, speedy, and inexpensive determination of action.
FRCP 4 (summons)
  • Reduces time for service to be effected from 120 days to 90 days after the complaint is filed.
  • Appends notice and waiver of service forms directly to FRCP 4 (formerly Forms 5 and 6).
FRCP 16(b)(1) (pre-trial conferences)
  • Encourages in-person scheduling conferences with court (rather than by phone or mail).
FRCP 16(b)(2) (scheduling orders)
  • Reduces time to issue scheduling order to earlier of 90 days after any defendant is served or 60 days after any defendant appears.
  • Recognizes that court may find good cause to extend the time to issue scheduling order.
FRCP 16(b)(3), 26(f)(3) (contents of scheduling orders)
Scheduling orders may: 
  • Provide for preservation of ESI.
  • Include agreements reached under Federal Rule of Evidence (FRE) 502.  
  • Direct parties to request court conference before moving for a discovery order.
FRCP 26(b)(1) (scope and limits of discovery)
Narrows scope of discovery by:
  • Renewing emphasis on proportionality.
  • Limiting discovery to information relevant to parties' claims or defenses, rather than case's subject matter.
  • Deleting language permitting discovery of information "reasonably calculated to lead to the discovery of admissible evidence."
FRCP 26(c)(1)(B) (protective orders)
  • Codifies use of protective orders to allocate discovery costs.
FRCP 26(d)(2) (early requests for production)
  • Parties may deliver requests for production under FRCP 34 before FRCP 26(f) conference. The requests will be deemed served at the first FRCP 26(f) conference.
FRCP 26(d)(3) (sequencing of discovery)
  • Parties may stipulate to sequencing of discovery.
FRCP 26(f) (discovery plans)
Discovery plans: 
  • Must address issues regarding ESI preservation.
  • May include agreements reached under FRE 502.  
FRCP 30(a)(2)(A)(i), (d) (depositions)
  • Reflects emphasis on proportionality.
FRCP 31(a)(2) (depositions by written questions)
  • Reflects emphasis on proportionality.
FRCP 33(a)(1) (interrogatories)
  • Reflects emphasis on proportionality.
FRCP 34(b)(2) (requests for production, responses, and objections)
  • Party must respond to requests for production made before FRCP 26(f) conference within 30 days after the conference.
  • Parties must make specific objections, and state whether withholding any responsive documents on basis of objection.
  • Reflects practice of producing copies rather than permitting inspection.
FRCP 37(a)(3)(B)(iv) (motions to compel)
  • Reflects practice of producing copies rather than permitting inspection.
FRCP 37(e) (failure to preserve ESI)
Seeks to avoid over-preservation by:
  • Permitting relief only where ESI:
    • was lost because a party failed to take reasonable steps to preserve it; and
    • cannot be replaced through additional discovery.
  • Allowing court to craft relief that is "no greater than necessary to cure" any prejudice suffered, where there was no intent to deprive.  
  • Permitting drastic sanctions only on finding that party acted with intent to deprive.
FRCP 55(c) (setting aside final default judgments)
  • Clarifies that FRCP 60(b) applies only when seeking relief from final default judgment.
FRCP 84 (forms)
  • Eliminates sample forms.
For more on the amendments and their potential impact on legal practice, see: