In November 2014, the Duke Law Judicial Studies Center, which became the Bolch Judicial Institute in 2018, held a conference on the discovery proportionality amendments with more than 70 practitioners and 15 federal judges. Drafting teams were subsequently formed, consisting of 32 practitioners, who worked for nine months on an initial draft set of GUIDELINES AND PRACTICES prepared by Judge Lee Rosenthal and Prof. Steven Gensler. The team’s work product, the GUIDELINES AND PRACTICES FOR IMPLEMENTING THE 2015 DISCOVERY AMENDMENTS TO ACHIEVE PROPORTIONALITY, was published in 99 Judicature, no. 3, Winter 2015, along with several related articles.
Most of the GUIDELINES AND PRACTICES’ recommendations represented general consensus views, but a handful were not universally endorsed. To address these and future unforeseeable concerns, the Institute planned to regularly revise and update the GUIDELINES AND PRACTICES in light of case-law developments and actual practice.
As with any group product of this nature, where some consensus must be reached, the drafters and other participants are not individually responsible for any particular statement or provision, and may or may not agree with any particular statement or provision. This document does not represent the views of Duke Law School, Duke University, their faculties, or any other organization.
Bolch Judicial Institute, Guidelines and Best Practices for Implementing the 2015 Discovery Amendments Concerning Proportionality (Second Edition) (2018)