Mark Sidoti and other legal professionals are keenly aware that the Federal Rules of Civil Procedure will introduce new discovery-related amendments on December 1, 2015. The commentary on the upcoming Rules amendments suggests positive adjustments to current e- discovery practices.

The discovery-related amendments are designed to address and correct several aspects of the current Rules that have been the subject of debate and discussion over the past five years. The amendments are intended to make way for a modern era of more proportional discovery, reduced gamesmanship, increased cooperation, more limitations on spoliation sanctions and increased consistency in judicial rulings regarding e-discovery matters.

Among the most significant modifications are those that will affect Rule 37(e). The amendments to Rule 37(e) will introduce uniform national standards related to the sanctions that address the destruction of ESI, or electronically stored information. The new Rule will focus the courts on a multi-step process which, before the imposition of the most serious sanctions, requires consideration of whether the intent of the party accused of spoliation was to deprive the other party of discoverable evidence.

Aside from the focus on the adjustments to Rule 37(e), the December 1, 2015 changes will also involve the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84.

Those who have been monitoring the upcoming Rule changes seem to agree that the amendments have the potential to introduce significant practice changes. Despite the perceived potential for a notable positive impact in litigation and information governance, legal experts in this area have not reached a consensus that the Rules changes will reduce e-discovery related motion practice and sanctions.

E-discovery, or electronic discovery, refers to the discovery in investigations and litigation that involves exchange of ESI. In the modern age, nearly every investigation and litigation involves e-discovery. The technologies, processes and procedures surrounding e-discovery are complex and grow more intricate with each passing technological advancement. The volume of ESI in modern society is difficult to track and difficult to preserve, which means that it is difficult to prevent spoliation or tampering with evidence claims during litigation.

Though perfection in the still-evolving area of e-discovery is far from reach, attorneys like Mark Sidoti hope that the upcoming Federal Rules amendments will be a step in the right direction.

For More Information Visit Here:-https://vimeo.com/marksidoti