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In December 2015, new amendments to the Federal Rules of Civil Procedure (FRCP) went into effect aimed at making the discovery process more, as Rule 1 says, “just, speedy and inexpensive.” But for many attorneys around the U.S., the crucial aspect of the FRCP is that first word: federal, meaning a large number of cases in state and local courts would not receive similar, updated discovery rules.

But since late 2015, a number of states have moved to close that gap, updating their own rules for a 21st-century discovery process. The latest of those is the state of Michigan, which recently made the largest change to its civil discovery rules in 35 years in a bid to increase “everyone’s access to our courts to resolve their civil legal dispute in a cost-effective manner,” the state bar said. The new rules go into effect Jan. 1.

Scott Petz, a member at Dickinson Wright, told Legaltech News, “These rules do more than just address ESI. They also address the growing need for parties and the court to be involved in the discovery process, whether it be e-discovery or not, and the need relatedly for cooperation.”

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Zach Warren

Zach Warren is the editor-in-chief of Legaltech News. Based out of Minneapolis, Minnesota, Zach has been with LTN since 2015. He can be reached at [email protected]

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