Commercial Litigation and Arbitration

A Preservation Rule for the Federal Rules of Civil Procedure

Download associated file: Elements of a Preservation Rule.pdf 

The Advisory Committee on the Federal Rules of Civil Procedure and the Standing Committee on Rules of Practice and Procedure sponsored the Duke Conference on Civil Litigation on Monday and Tuesday of this week to explore the current costs of civil litigation, particularly discovery, and to discuss possible solutions. One proposal that was put forward was for a rule governing preservation (spoliation). The proposal, entitled Elements of a Preservation Proposal, is one that I participated in formulating and support. It is attached.

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