The Discovery Update – June 2014

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June 2014

From the President

We constantly improve our systems to help you manage your court reporter, interpreter, and videographer needs. We receive a lot of positive feedback from clients, which motivates us even more to keep improving, so that we can make your job easier.

“We are using your company for all of our hearing and trial needs. I was told one time that we urgently needed a court reporter, and there you were, no questions asked. That was all I needed to be convinced that Atkinson-Baker was the way to go.” M.V., Boca Raton, FL

“I absolutely love that you genuinely care about your clients as if they were friends or family. You provide consistent high quality service and never disappoint! Atkinson-Baker has been, and will always be, our favorite reporting firm! Please don’t stop whatever you are doing — because it’s working!” A.M., Los Angeles, CA

We are here for YOU so please let us know how we can further improve our technologies or services to better serve you.

Best regards,
Sheila Atkinson-Baker

The New ESI Sanctions Framework under the Proposed Rule
37(e) Amendments

By Philip Favro

The debate over the necessity, substance, and form of the proposed eDiscovery amendments to the Federal Rules of Civil Procedure (Rules) has been ongoing now for over four years. Since the Duke Conference convened in May 2010, the Judicial Conference Advisory Committee on the Civil Rules (Committee) has been working to address many of the perceived shortcomings in the current Rules regime.¹ Their efforts have not been conducted in a vacuum. Interest groups representing parties on either side of the “v” in litigation, the U.S. Department of Justice, and even individual federal judges have lobbied the Committee in an effort to shape the final form of the proposed amendments.² This process, while both lengthy and necessary, may finally be reaching its closing stages. With the Standing Committee on Rules of Practice and Procedure having approved the Rules amendment package this past month, the proposed changes appear to be on track for implementation by December 1, 2015.

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In Defense of Court Reporters

By Dennis D. Depew

As I write this column, there is a move afoot in the Kansas House to begin the process of eliminating court reporters in the courtrooms of Kansas. In times where there constantly seems to be more needs than money, proposals like this, which a few years ago would have been unthinkable, now seem to be gaining traction. The Kansas Supreme Court’s own Blue Ribbon Commission and its more recent Court Budget Advisory Council have both breached this topic as well in recent years as a potential cost savings idea.

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