The Judicial Conference of the U.S. Advisory Committee on Civil Rules proposed that Rule 37(e) be gutted and replaced. The proposed amendment (scheduled to take effect in June) would make it far more difficult for parties requesting electronically stored information to obtain sanctions for their adversaries' failure to preserve such discoverable information.
Complex Litigation and E-Discovery
Revising the Rules Regarding ESI Preservation
New Jersey Law Journal
March 28, 2013
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