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2012 Rep. Advisory Comm. on Civ. Rules 1 (2012)

handle is hein.usfed/adcvru0045 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
JEFFREY S. SUTTON                                    CHAIRS OF ADVISORY COMMITTEES
CHAIR
STEVEN M. COLLOTON
JONATHAN C. ROSE                                          APPELLATE RULES
SECRETARY
EUGENE R. WEDOFF
BANKRUPTCY RULES
DAVID G. CAMPBELL
CIVIL RULES
REENA RAGGI
CRIMINAL RULES
SIDNEY A. FITZWATER
EVIDENCE RULES
MEMORANDUM
To:       Honorable Jeffrey S. Sutton, Chair,
Standing Committee on Rules of Practice and Procedure
From:     Honorable David G. Campbell, Chair,
Advisory Committee on Federal Rules of Civil Procedure
Date:     December 5, 2012
Re:       Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee met at the Administrative
Office of the United States Courts in Washington, D.C., on
November 2, 2012. The meeting had been scheduled for November 1
and 2, but in anticipation of travel disruptions following Super
Storm Sandy it was rescheduled to enable most participants to
attend by video conference, webcast, or other remote means.
Several participants gathered at the Administrative Office.
Draft Minutes of this meeting are attached. This report has been
prepared by Professor Cooper, Committee Reporter, with Professor
Marcus, Associate Reporter, and various subcommittee chairs.
Part I of this Report presents for action a proposal
recommending publication for comment of a revised Rule 37(e). The
revisions provide both remedies and sanctions for failure to
preserve discoverable information that reasonably should have
been preserved. In addition, they describe factors to be
considered both in determining whether information reasonably
should have been preserved and also in determining whether a
failure was willful or in bad faith.

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