All counsel should note
that, on December 1, 2015, important amendments to the Federal Rules of Civil
Procedure went into effect. The Rules affected by the amendments are Rules 1,
4, 16, 26, 30, 31, 33, 34, 55, and 84 as well as the Appendix of Forms.
Counsel's knowledge of the new rules is presumed for all cases pending before
Judge Martin.
Counsel should take
particular note of the following amendments:
(1) The time for service of process under Rule 4(m) has been shortened from 120
days to 90 days (though not for cases pending on December 1, 2015).
(2) The permitted scope of discovery under Rule 26(b)(1) has been changed, and
the need for discovery to be proportional to the needs of the case, among other
things, is highlighted. Rule 26(d) also now changes the time by which a party
may serve requests for production of documents on another party.
(3) Rule 34 has been amended
with respect to the timing of the production of documents requested and a
party's obligation to state expressly whether it is withholding any documents
based on an asserted objection.
(4) Rule 37(e) has been rewritten substantially to address the preservation,
and consequences that can flow from the loss, of electronically stored
information.
(5) Rule 1 has been amended to state expressly that the parties as well as the
courts have an obligation to secure the just, speedy, and inexpensive
determination of every action.
Pursuant to 28 U.S.C. §
2074(a) and by order of the United States Supreme Court dated April 29, 2015,
the amendments govern all proceedings commenced on or after December 1, 2015,
and all proceedings then pending “insofar as just and practicable.”
