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December 15, 2011

House Judiciary Subcommittee Hearing Re: Rules

Update on Tuesday's Judicial Subcommittee hearing about whether or not EDD rules should be changed:

• Milberg's Henry Kelston report will be up shortly on the LTN website.
• Here's a link (hat tip to Mark Michaels) to the video webcast.
• Here's Sutherland's alert by Robert Owen.
• Here's a link to Evan Koblentz' preview story (with a comment from LTN's e-discovery columnist, Craig Ball).

Dive into the discussion!


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Henry Kelston’s article, House Judiciary Subcommittee: No Need to Act on EDD Costs, provides a thoughtful summary of the House Subcommittee on the Constitution’s hearing on The Costs and Burdens of Civil Discovery. However, I do take issue with Mr. Kelston’s conclusion that “the consensus of the participating members was that the question is being actively studied by the Federal Judicial Conference's Civil Rules Advisory Committee, so there is no reason for Congress to involve itself at this time.” As I watched the webcast, I doubt that the Subcommittee Chairman, Rep. Trent Franks (R. AZ) would agree with that conclusion. Additionally, there were no remarks or questions by any other Republicans at the hearing. While the Democrats on the Subcommittee may well feel that no Congressional action is required at this time, it is not clear that this hearing is the end of Congressional interest in this issue.

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