Rep. Trent Franks, chair of the House Judiciary Committee's Subcommittee on the Constitution, submitted the attached letter to Judges Kravitz and Campbell just prior to the Ann Arbor meeting of the Rules Committee last Thursday and Friday.
Notably, the subcommittee lent some support to the commencement-as-trigger proposal I made in Dallas and in a follow-up submission to the Committee (available at http://1.usa.gov/srsE9P), and which Professor William Hubbard also made. (Copy of Franks letter Download 2012.03.21 Franks Ltr to Kravitz and Campbell attached.)
Highlights:
"First, while the explosion of electronic discovery has dramatically changed the discovery process, the fundamental purpose of discovery — namely, 'the gathering of material information' — remains unchanged. Thus, one response would be to limit the scope of discovery to information that is relevant and material to the claims and defenses in each case. The 'cost benefit' calculations imposed by sections like Rule 26(b)(2)(c) should be highlighted to ensure that discovery is proportional to the stakes and needs of the litigation.
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Source: eddupdate.com
By: Robert Owens
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