Todd M. Heffner, left, and Jim Calvert of Troutman Pepper Hamilton Sanders. Courtesy photos
All the way back in December 2015, the Federal Rules of Civil Procedure were amended after what U.S. Supreme Court Chief Justice John Roberts described in the 2015 Year-End Report on the Federal Judiciary as “the product of five years of intense study, debate and drafting to address the most serious impediments to just, speedy, and efficient resolution of civil disputes.”
Despite these noble intentions and efforts, at least some of the amendments—including those to Rule 34—were not quickly adopted by practitioners. This prompted influential Magistrate Judge Andrew Peck to issue a “wake-up call” to the bar in 2017 (Fischer v. Forrest). The issue prompting the wakeup call?
