Board debates new discovery enforcement rules ahead of major civil justice reforms
The Board of Governors voted Friday to endorse a Civil Procedure Rules Committee proposal to add “enforcement mechanisms” to discovery rules, a move sponsors say is necessary after the Supreme Court approved a package of civil justice reforms that take effect January 1.
At a meeting in New Orleans, the board voted 34-1-0 to recommend acceptance of the proposed amendments, meaning one board member voted to reject the proposal, and no board members voted to amend it after a lengthy presentation. It will now be forwarded to the court for its consideration.
At issue, sponsors say, is federal “proportionality” language that justices added to Rule 1.280 (General Provisions Governing Discovery) in a May when they approved civil justice reforms that codified active case management.

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