Tuesday, August 11, 2015

Duke Center Drafts Its Own “Guidelines” for Proportionality Amendments

The Center for Judicial Studies of Duke Law School has issued a draft of “Guidelines and Suggested Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality.”  The Center has asked for public comments on the draft by August 21, 2015. 

The Center's website states: “The Center for Judicial Studies holds annual bench-bar-academy conferences that identify serious problems in the law, and effect real improvements in laws, rules, and regulations.  The conferences bring together prominent bench leaders, government officials, senior-level lawyers, technical experts, and academics to address emerging legal issues and develop consensus positions that will guide government policy-makers and decision-makers by means of best practices or guidelines.”

The Guidelines on Proportionality result from this process.  Of course, the Guidelines do not have the force of law.  The authors (who are unnamed on the draft) appear to be emulating the method of The Sedona Conference.

Barring action by Congress, the pending amendments to the FRCP will become effective on December 1, 2015.

Financial sponsors of Duke Law School's Center for Judicial Studies in 2014 included Bank of America, ExxonMobil, GE’s Power and Water, Home Depot, King & Spalding, Kirkland & Ellis, Lieff, Cabraser, Heimann & Bernstein, Merck & Co., Monsanto, Pfizer, Inc., Skadden, Arps, Slate, Meagher & Flom, and State Farm Insurance Company. 

Comments on the Guidelines should be sent to the Director of the Center, John Rabiej, john.rabiej@law.duke.edu.  

Hat tip: Valerie Nannery.

https://lawprofessors.typepad.com/civpro/2015/08/duke-center-drafts-its-own-guidelines-for-proportionality-amendments.html

Discovery, Federal Rules of Civil Procedure | Permalink

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