Publications

Section Newsletter Articles on Federal Rules of Civil Procedure

Announcements Federal Civil Practice, December 2013 Two news items to take note of.
FRCP 12(c) - Motion for Judgment On The Pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Federal Civil Practice, December 2013 A guide for practitioners using a Rule 12(c) motion.
Significant amendments to Rule 45 of the Federal Rules Of Civil Procedure are in effect as of December 1, 2013 By Patricia S. Smart Federal Civil Practice, December 2013 The amendments create significant changes to federal subpoena practice.
FRCP 12(c) - Motion for judgment on the pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Corporate Law Departments, November 2013 Given that a computer research search for “12(c)” federal cases this year to date turns up over a thousand case citations, having a good handle on when to use or how to defend against a Rule 12(c) motion is something that federal court practitioners should seriously consider.
Supreme Court affirms award of costs to defendant under F.R.CIV.P. 54 (d)(1) By Michael R. Lied Federal Civil Practice, September 2013 A summary of Marx v. General Revenue Corp.
What’s “plausible” in the post-Twombly and Iqbal world? A review of recent Seventh Circuit decisions By Jo Anna Pollock Federal Civil Practice, March 2013 A review of recent Seventh Circuit cases that have interpreted Twombly and Iqbal, and a look at how both plaintiffs and defendants should characterize a plaintiff’s complaint when arguing whether a plaintiff failed to state a claim pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6).
The demands of a jury demand By Travis J. Ketterman Federal Civil Practice, March 2012 While the right to a jury trial is deemed a fundamental right, the right is not self-enforcing. Thus, a party seeking a jury trial—even a party with a cause of action that entitles the party to a jury—must affirmatively demand a jury trial. Rule 38(b) dictates the jury demand requirements.  
FRCP 45—The toolbox of discovery has pending amendments By Ambrose V. McCall Federal Civil Practice, March 2012 All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.
A reader on service of process under FRCP 4 By Ambrose V. McCall Federal Civil Practice, September 2011 Federal Rule of Civil Procedure 4(m) provides that a complaint to serve a defendant must be filed within 120 days.
The Rule 30(B)(6) witness deposition—A primer By Stanley N. Wasser Federal Civil Practice, September 2011 An helpful explanation of Federal Rule of Civil Procedure 30(b)(6).  
New amendments to Rule 26 limit discovery of experts and their lawyers By Glenn R. Gaffney Labor and Employment Law, June 2011 Important amendments to Federal Rule of Civil Procedure 26 became effective December 1, 2010.
To disclose or not to disclose under FRCP(a)(2) —That now is the question! By Ambrose V. McCall Federal Civil Practice, June 2011 The Seventh Circuit has issued a trio of opinions during the past six months or more that stress the need for counsel to evaluate what opinion testimony at trial might require counsel to make disclosures beforehand under FRCP 26(a)(2).
New federal procedural rules By Jay H. Scholl Federal Civil Practice, March 2011 A brief review of the December 2010 amendments to the Federal Rules of Civil Procedure.
Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26* By Daniel Kegan Intellectual Property, December 2010 Federal Rule of Civil Procedure 26 (b)(2)(B) now requires an early conference among attorneys to discuss and plan discovery, including Electronically Stored Information (ESI). Attorneys cannot simply delegate to clients or commercial services the responsibility of understanding ESI and ESI discovery planning. The attorney has a non- delegable responsibility to know, not only traditional discovery relevance but also enough about email, computers, file archiving, the client’s business, and human nature to competently supervise others. This article presents an efficient procedure for self-reliant attorneys and firms to successfully manage the ESI discovery process. Guidelines are presented for both Macintosh and Windows computers.
New Procedural Rules—and more may be on the horizon By Camille M. Knight Federal Civil Practice, March 2010 Summaries of the amendments to the Federal Rules of Civil Procedure, local rules, and statutory changes.
Complying with Federal Rule of Civil Procedure 34(b): Best practices By Peter LaSorsa Federal Civil Practice, December 2009 Rule 34 (b)(2)(E)(i) provides that a party must either produce documents “as they are kept in the usual course of business” or it “must organize and label them to correspond to the categories in the request.” 
A new Rule 26 may change the way we communicate (or don’t) with experts By Camille M. Knight Federal Civil Practice, March 2009 The Judicial Conference Committee on Rules of Practice and Procedure has published proposed amendments to Rule 26 of the Federal Rules of Civil Procedure which, if approved, will take effect in 2010. 
New proposed amendments to Rules 26 and 56 of the Federal Rules of Civil Procedure By William J. Brinkmann Federal Civil Practice, December 2008 A preliminary draft of proposed Amendments to the Federal Rules of Practice and Procedure has been submitted for public comment by the Administrative Office of the US Courts. Comments are due by Feb. 17, 2009.
Affirmative defenses in federal court: What every practitioner should know By Patrick T. Driscoll, Jr. and Patricia M. Fallon Federal Civil Practice, June 2008 Rule 8 of the Federal Rules of Civil Procedure (“FRCP”) governs the assertion of affirmative defenses in civil cases filed in federal court and is defined:
RULE 56.1: Requirements and pitfalls By Mary Nagel and Kathryn A. Kelly Federal Civil Practice, March 2008 Federal Rule of Civil Procedure 56 governs motions for summary judgment. Fed. R. Civ. P. 56.
E-discovery now, not later—New Federal Rules of Civil Procedure By Michael J. Hanson Civil Practice and Procedure, February 2007 When the new amendments to the Federal Rules of Civil Procedure went into effect December 1, 2006, life got tougher for some attorneys who scrupulously avoid dealing with electronic data issues. A not uncommon approach has been to defer dealing with issues related to the discovery of electronically stored information (ESI) until later in the case, hoping that later will become never.
Top 10 things all corporate counsel should know about the amendments to the Federal Rules of Civil Procedure By Sonya D. Naar and R. Matthew Hiller Corporate Law Departments, October 2006 On December 1, 2006, significant amendments will occur to the Federal Rules of Civil Procedure (the “Rules”) concerning electronically stored information (“ESI”) and how issues concerning discovery of ESI are to be handled by parties to federal litigation.
Amendments to Federal Rules of Civil Procedure to address electronic discovery By Michael D. Gifford Labor and Employment Law, July 2006 On April 12, 2006, the United States Supreme Court approved and forwarded to Congress certain revisions to the Federal Rules of Civil Procedure addressing preservation and discovery of data in electronic media, sometimes known as e-discovery.
Discovery disclosure: State Rules 222 and 218 By William J. Borah Civil Practice and Procedure, April 2001 A look at the automatic discovery disclosures required by Rule 26 and related rules.