News & Updates

The Colorado Supreme Court has adopted amendments to the Colorado Rules of Civil Procedure, effective July 1 for cases filed on or after July 1. The amendments are substantial and incorporate the best of Colorado’s Civil Access Pilot Project (CAPP), taking into account a final evaluation of that project and implementing the changes broadly for all civil cases across the state.

This month, IAALS will convene a group of plaintiffs’ attorneys from Colorado and around the country to discuss the present and future impact of civil justice reform in the United States. We look to others for input on how best to implement the upcoming changes and what culture shifts are necessary to achieve the intended positive impact, and have held a number of convenings this spring to gather input.

On February 25-26, 2016, IAALS will hold its Fourth Civil Justice Reform Summit: Creating the Just, Speedy, and Inexpensive Courts of Tomorrow. The Summit will provide an opportunity to discuss the challenges of implementing change and chart the next steps for creating the just, speedy, and inexpensive courts of tomorrow.

Technology has impacted the legal profession greatly, yet many attorneys are not keeping up—at least, according to some judges. In a recent survey, roughly 32 percent of judge respondents said that lawyers lack the knowledge necessary, on both the…

Last week, IAALS honored the American College of Trial Lawyers (ACTL) Task Force on Discovery and Civil Justice at the 8th Annual Rebuilding Justice Award Dinner in downtown Denver. With profound gratitude, we recognized the dedication of the Task…

The American Board of Trial Advocates (ABOTA) has long been a leader in preserving and promoting the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. This week ABOTA hosts a National Jury Summit in San Francisco…

The 640-page Agenda Book reflects the broad range of matters currently being tackled by the federal Civil Rules Advisory Committee, which met in Washington, D.C., on April 9. Issues include the proposed rule amendments currently before the Supreme…

In the fall of 2013, IAALS and the National Judicial College co-hosted an educational summit exclusively tailored for state court judges on all facets of the discovery of ESI—from preservation to production to eventual use at trial. In attendance…

The Texas Lawyer recently reported on Texas’ downward trend in civil lawsuits, which have dropped 17 percent over the last 10 years. The change in numbers presents many questions, with different perspectives as to the cause on all sides. Texas Supreme Court Chief Justice Nathan Hecht has said that the state’s judiciary must delve further into the statistics to find answers.

In a recent blog post, Richard Zorza shares some thoughts on improving services for self-represented litigants in the United States. He believes that the legal system needs an aspirational goal to address access to justice, which can ultimately move the system in the direction of meaningful change.

The Colorado Supreme Court has requested comments on proposed amendments to the Colorado Rules of Civil Procedure. The changes are focused on improving access to the civil justice system by making pretrial case management more efficient, thereby decreasing cost and delay, without sacrificing justice. The proposals seek to take the best of Colorado’s Civil Access Pilot Project (CAPP) and implement them broadly for all civil cases across the state.

New York has set its sights on access to justice and alleviating some of the issues that low-income litigants face needing help from justice system. In his annual State of the Judiciary address on February 17, New York Chief Judge Jonathan Lippman put forth a number of innovative methods for making the state's judiciary more equitable and accessible.

A federal judge recently issued an order sharing her impatience with the ongoing discovery disputes of the parties. In addition to highlighting the cost and delay associated with such disputes, the court’s order also highlighted the possibilities for a different process to resolve such disputes. And, there is a clear movement across the country, at the state and federal level, toward these types of alternate processes for handling discovery motions.

The proposed amendments to the Federal Rules of Civil Procedure and their potential impact continue to be on the forefront of discussions around the country. During a recent webinar, the Civil Rules Advisory Committee Chairman, Judge David Campbell, discussed the history of the amendments and the unprecedented number of public comments received during the rulemaking process. The discussion of the proposed amendments continued at Legal Tech New York, where a panel of judges spoke on their impact.

With the new year comes reflections on the past, and predictions for the future. This is equally true in the world of e-discovery, and there are many commentators around the country who are taking this opportunity to reflect on the highlights of 2014 and make predictions for 2015. As for our predictions? We know changing the way the civil justice system operates is a function of changing Rules, case flow management procedures, and culture.

Discovery in litigation can be complicated and expensive, and electronic discovery is no exception. The preservation and production of electronically stored information presents ample opportunities for complication and expense. To provide education for judges tackling these issues, IAALS and the National Judicial College will co-host a webcast on February 18, 2015, at no cost for state court judges.

This week, January 8-9, 2015, the Committee on Rules of Practice and Procedure will meet in Phoenix, Arizona. The December 2, 2014, Report from the Advisory Committee on Civil Rules notes that substantial time has been given to "exploring the possibilities of enhancing rules reform by means of pilot projects that put possible new rules into actual practice," and supplemental resources for the meeting suggest that discussion of pilot projects will only continue.

One of the current proposed amendments to the Federal Rules of Civil Procedure addresses preservation of electronically stored information (ESI). The new proposed Rule 37(e) provides a safe harbor against penalties if a party has taken “reasonable steps” to preserve the ESI. Tom Allman, a retired General Counsel and current Adjunct Professor who frequently writes and speaks on this topic, has written an article discussing the “reasonable steps” language and its implications.

In 2014, we have continued to see a rise in the number of, and interest in, alternative processes designed to provide a more streamlined approach to the pretrial and trial process. While these programs are known by many different names, they all focus on increasing access to our civil justice system. Given the number of programs that have been implemented nationwide, and their diversity, we have updated our chart of these programs, which catalogs their unique elements.

In November, IAALS convened a group of senior in-house counsel and corporate management from around the country to discuss discovery and the challenges of preservation and production. The convening focused on the proposed federal amendments to Rule 37(e) and the realities companies face on a daily basis, providing an opportunity for attendees to talk to their peers about current practices, challenges, and solutions, for both small and large companies.