Plan to Streamline Discovery in Civil Cases Mostly Well Received

Plaintiffs’ attorneys largely voiced support for a proposed rule change that aims to streamline discovery disputes, but raised concerns that accompanying language may favor the party producing the documents.

Testifying at an all-day hearing on Tuesday at the Advisory Committee for Civil Rules, attorneys weighed in on a proposal that would instruct parties to discuss earlier in litigation the process of how to disclose which documents were withheld as privileged.

The amendment aims “to avoid problems later” and to give parties “maximum flexibility” in deciding how best to identify documents that were designated as privileged and withheld, according to the ...