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LCJ Embarks on Study of Federal Rules of Civil Procedure

Lawyers for Civil Justice announced Tuesday it is working with the Judicial Conference Rules Committee on an ambitious program to review the Federal Rules of Civil Procedure, including the rules governing notice pleading, discovery and motion practice.

According to a press release from the LCJ, the program will involve “a total reexamination of the Federal Civil Rules” with the American College of Trial Lawyers discovery task force and the Institute for Advancement of the American Legal System (IAALS) serving as catalysts. If the proposals are enacted, it “would represent fundamental, beneficial changes to the ‘1938 Rules’ which many in the defense and corporate bar have been advocating for years.

Scholarly papers will be presented based on the finding of the study on May 10-11 at Duke Law School.

The LCJ is tasked with gathering hard data on litigation costs from its corporate members, law firms and other business groups. It is asking firms “to provide data and anecdotal experiences that demonstrate the disproportionate cost of discovery relative to the value of the case in which the expense is incurred.”

The LCJ is also soliciting other examples of why the rules should be amended that would cut costs, increase efficiency and get more cases to trial.

To access the press release, click here.

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