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1969 Rep. Advisory Comm. on Civ. Rules [i] (1969)

handle is hein.usfed/adcvru0013 and id is 1 raw text is: ADVISORY COMMITTEE ON CIVIL RULES

July ii, 1969
To the Chairman and Members of
the Standing Committee:
In forwarding to you a revision of the Preliminary Draft
of the proposed amendments to the discovery rules, I stated
that there were some matters on which I would write shortly,
One such matter related to the special problem posed by
electronic computers. I have circulated by mail among the
members of the Advisory Committee on Civil Rules a proposed
change in Rule 34 and an additional paragraph in the note to
that rule, together with a full explanation. I attach a
copy of the precise language in Appendix A to this letter.
I have spoken about this proposal to three members of the
Advisory Committee, Messrs.Frank, Kaplan, and Morton, and they
approve. I invited mail comnents from all members. I have
received approval from Judge Thomsen, and no one has voiced
A second matter is a topical listing of the major changes
contained in the proposed amendment. I attach such a listing
in Appendix B. It may be helpful with respect to the agenda
for our meeting.
A third matter, which I did not mention in my letter of
June 30, relates to a proposed new provision in Rule 26 (b)(3).
It provides that a non-party witness may vwithout any special
showing     obtain a copy of a statemeint previously given
by him. The te:<t appears in brackets at p. 12, lines 77 j
to 77 1, and the explanatory paragraph in the note appears in
brackets at p. 27.
This material was not included in the Preliminary Draft,
so that there was objection in the Advisory Committee to its
being adopted without a fresh submission to the bar and bench.
The Committee approved it if there could be a 60 day sub-
mission to the bar. I was unable to prepare a revised version

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