Don’t Overlook the FRCP’s ‘Middle Child': Practical Suggestions for Complying With Today’s Rule 34

Since the Federal Rules of Civil Procedure were amended in December 2015, case law and legal media have given much attention to revised Rules 1 (establishing parties’ obligation to “to secure the just, speedy, and inexpensive” resolution of litigation), 26(b)(1) (clarifying the scope of discovery) and 37(e) (addressing ESI spoliation). Like the stereotypical “forgotten” middle child, Rule 34—governing production during discovery—has largely flown under the radar. But three recent cases highlight the significance of both old and new aspects of Rule 34 that “affect[] the daily work of every litigator.” Fischer v. Forrest, No. 14 Civ. 1307 (PAE) (AJP), ...