Friday, December 16, 2011
The proposed amendments are to Rules 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena).
A full copy of the language is posted at: www.floridasupremecourt.org/clerk/comments/index.shtml
Monday, October 17, 2011
The committee proposes amendments to rules 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena).
The Florida Supreme Court invites comment on the proposed amendments by filing an original and nine paper copies by October 17, 2011 with a certificate of service verifying that a copy has been served on current committee chair, Kevin Johnson, Esq., 201 N Franklin Street, Suite 1600, Tampa 33602-5110, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case.
The committee chair has until November 7 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).
As reported by Florida Bar News:
Rules proposed in PDF at Florida Supreme Court's website:
Saturday, October 15, 2011
These principles are are modeled after the Sedona Principles and are intended to help the courts and parties secure “the just, speedy, and inexpensive determination of every civil case, and to promote, whenever possible, the early resolution of disputes regarding the discovery of electronically stored information (“ESI”) without Court Intervention.”
The initial Pilot Program ran from October 1, 2009 through March 1, 2010 in the Northern District of Illinois and 92% of judges reported positive effect on counsel and a decrease in E-Discovery disputes and related costs. Phase II has been extended to May, 2012.
The goal of the Principles is to provide incentives for the early and informal information exchange on commonly encountered issues relating to evidence preservation required by Federal Rule of Civil Procedure 26(f)(2). The Principles provide guidance on how to streamline (e.g., suggesting formats which are generally not required to be preserved, thus requiring a party to discuss the need for such formats early in the pretrial litigation process) and how to resolve disputes.
For more information, see the program's website:
Thursday, August 11, 2011
Saturday, June 25, 2011
The changes are reflected in the most recent iteration of the rules package fresh from the drafting subcommittee which now specifically include Electronically Stored Information or "ESI" and propose to revise Florida Rules of Civil Procedure: RULE 1.200. PRETRIAL PROCEDURE, RULE 1.201. COMPLEX LITIGATION, RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY, RULE 1.340. INTERROGATORIES TO PARTIES, RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES, RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS, and RULE 1.410. SUBPOENA.
Detailed draft rule language with strike-through portions visible is available in the June 2011 Annual Convention Meeting Agenda found here:
Tuesday, January 25, 2011
The subcommittee believes that the increasing reliance of modern communication and information storage on computers, e-mail, hand-held devices, and various forms of electronic documentation requires the Rules of Civil Procedure to be updated.
The subcommittee observes that there has been exponential growth in the volume of electronically-stored information that is held by parties to litigation, and believes that there has likewise been significant growth in the frequency with which litigants and courts have had to address issues related to the discoverability, retrieval, review, and production of electronically-stored information.
In developing these proposed changes, the subcommittee attempted to balance the
following core principles:
Enhancing predictability by tracking language and principles used in the
federal rules to the maximum extent possible so that existing precedents
can be applied by courts and parties;
Recognizing that procedure in state courts is nonetheless different than
practice in federal courts in significant ways, and that state rules must be
adapted to the greater variety of litigation found in state court;
Recognizing that the resources available to litigants or courts may be
different in state-court litigation than federal litigation;
Keeping discovery reasonable and cost-effective; preventing the cost and
burden of electronic discovery from being outcome-determinative;
Encouraging early, meaningful, and reasonable cooperation and
communication among parties to minimize the frequency with which
disputes must be resolved by the courts;
Avoiding alteration of existing precedents so that changes remain
procedural and not substantive; and
Avoiding unduly favoring either requesting parties or responding parties.
Federal Florida Subject
16(b) 1.200 Scheduling
26(b) 1.280 Scope
34 1.350 Requests
37 1.380 Sanctions
45 1.410 Subpoenas