Potential Changes to eDiscovery Rules in Federal Court: A Discussion of the Process, Substantive Changes and Their Applicability and Impact on Virginia Practice

Joseph J. Schwerha, Susan L. Mitchell, John W. Bagby

Abstract


The Federal Rules of Civil Procedure (FRCP) are subject to a unique process also once used in revising the Federal Rules of Evidence (FRE). Today, this process is followed in revisions of the FRCP, the Federal Rules of Criminal Procedure and the Federal Bankruptcy Rules. This unique rulemaking process differs significantly from traditional notice and comment rulemaking required for a majority of federal regulatory agencies under the Administrative Procedure Act (APA).  Most notably, rule-making for the federal courts’ procedural matters remain unaffected by the invalidation of legislative veto.  It is still widely, but wrongly believed, that the legislative veto was completely invalidated by INS v. Chadda.

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This work is licensed under a Creative Commons Attribution 4.0 International License.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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