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categorical logging rather than document-by-document logs and explicitly exempts certain categories of documents from any logging requirements absent special circumstances.
Sealing: The Civil Rules Advisory Committee is reviewing a proposal for a new rule (5.3) to govern the process and standards for filing information under seal. Under
the proposal, all information in court proceedings are presumed open and accessible, so sealing information would require particularized findings by the
trial court. LCJ filed a lengthy critique of the proposal and will be engaged in advocating for a fair and sensible rule if the Committee proceeds to develop a national standard.
Multi District Litigations (“MDLs”): LCJ’s campaign to convince the Civil Rules Advisory Committee to address the problems of MDL cases with FRCP amendments is bearing fruit. As the Committee considers possible amendments to Rules 16 and
26(f ), LCJ has filed a comment this week showing common ground with MDL claimants, who are more eager to disclose the facts
of their cases than some MDL judges and plaintiff’s lawyers think is needed. I urge you to read the comment here.
Third-Party Litigation Funding (“TPLF”): LCJ has been working closely with the Institute for Legal Reform (“ILR”), the FDCC
and other allies to advocate for mandatory disclosure of TPLF agreements since 2014. Although TPLF is an established and pervasive feature of civil litigation in all kinds of cases throughout the country, many judges and parties remain unaware of its presence
in, and importance to, their cases. ILR , LCJ and FDCC have recently recommended that the Civil Rules Advisory Committee undertake
a pilot project to study the effectiveness of a TPLF disclosure rule.
Lawyers for Civil Justice
is leading the charge for an amendment to FRCP 702 which will clarify the pervasive misunderstandings regarding the standard for admissibility of expert evidence.
“Requester Pays” Discovery:
LCJ is developing a pilot project that requires requesting parties to bear some or all the expenses incurred in response to their discovery requests. Such a project functions as a self-executing
limit on discovery and focuses
the litigation on the merits. Not only do discovery requests that go beyond what’s required to litigate/ resolve the dispositive issues delay
resolution of matters, but they also frequently require court resources to sort out motions to compel production and for protective orders.
Amicus: LCJ’s Amicus program is active in supporting procedural rule reform in both trial and appellate courts. A recent brief helped convince the Florida Supreme Court to adopt the Apex Doctrine—and a new rule of civil procedure—regarding depositions of corporate leaders. LCJ will continue to find opportunities to advance its advocacy positions that are focused on interpretations of the Federal Rules of Civil Procedure as well as other topics directly related to LCJ’s unique experience and expertise.
Let me conclude by thanking the FDCC for its continued support of LCJ with time, talent, and resources. The Federation, which is a founding member of LCJ, has contributed immensely to our projects and has worked side by side with LCJ to improve the administration of civil justice.
FDCC Defense Counsel Member and Past President H. Mills Gallivan is President of Lawyers for Civil Justice, and Senior Partner of Gallivan, White & Boyd in Greenville, SC. Contact him at: Mgallivan@gwblawfirm.com.
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