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The process of amending the Federal Rules of Civil Procedure is entering its last phases before promulgation. Please see our previous article outlining the proposed amendments and the amendment process in detail. The six-month public comment period that ended on Feb. 18, 2014, spawned a heated debate and many public comments focused in large part on the proposed amendments to Rule 37(e), which included a new federal standard for sanctions resulting from spoliation. As many anticipated, after further consideration and in response to the many public comments, in April 2014 the Standing Committee on Rules of Practice and Procedure revised proposed Rule 37(e) before submitting it to the Judicial Conference of the United States with a recommendation for approval.

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