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13 Trial Excellence 1 (2001)

handle is hein.journals/jurexp13 and id is 1 raw text is: Trial Excellence . Tactics, Legal Updates & Samples Volume 13, Number 1 An Overview of Key Amendments to Federal Discovery Rules By Debbie Lynn Elias Trial Excellence Staff On December 1, 2000, important amendments to the Federal Rules of Civil Procedure (FRCP) went into effect, including several modifications to the discovery rules. This article provides an overview of key revisions, many of which will have an immediate impact on your discovery planning and tactics. The changes are designed to reduce discovery costs, increase the efficiency of discovery, restore national uniformity and encourage the courts to participate in the discovery process. Manipulative language has been removed, cer- tain discovery has been restricted, and the local CONTENTS Features • New FRCP Discovery Rules .......... 1 - Handling Federal Tort Claims ......... 1 - Federal Motion Practice Tips ......... 7 Departments * Litigation Seminars ................. 3 • Trial Results ............................ 6 Samples & Forms Sample: FTCA Complaint ....... 11 • Sample: Form 95 ................... 19 * FRCP Discovery Amendments ... 20 January, 2001 rule exceptions have been all but eliminated. The primary changes deal with Rule 26, relating to initial disclosures and the scope of discovery, which is reinforced by the sanction provisions of Rule 37. The length of depositions have also been shortened under Rule 30. Disclosure Requirements Rule 26(a)(1), regarding initial disclosures, has been revised, for better or for worse. Under Rule 26(a)(1)(E), new categories of disclosure exemptions have been added, including: (1) an action for review on administrative record; (2) a petition for habeas corpus or other proceed- ing challenging a criminal conviction or sen- tence; (3) an action brought without counsel by a person in custody of the United States; (4) an action to enforce or quash an administrative FRCP, see page 2 Avoiding the Pitfalls of the Federal Tort Claims Act By Harrison Gavin Long, Esq. Introduction You've just concluded a telephone conversation with one of your best clients, Mrs. Smith, whose husband was badly injured over the weekend when his vehicle was rear-ended by a U.S. Postal truck. Normally, you would not hesitate to repre- sent Mr. Smith on a case with such cut-and-dry facts and seemingly clear liability. However, the status of the other driver as a United States employee creates problems you should consider carefully before taking the case. FTCA, see page 4 © 2001 Esquire One Publishing

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