Kilpatrick Townsend

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Enforcing the New Rule 34

NYSBA Bright Ideas | Summer 2020 | Vol. 29 | No. 2

October 7, 2020

Written by Bryan J. Wolin

Federal Rule of Civil Procedure 34, which concerns documentary and electronic discovery, was substantially revised in 2015. Under the new rule, litigants may no longer rely on the usual boilerplate objections to discovery requests. Instead, they must be more precise, clearly articulating what they plan to produce and when. Many courts, recognizing the burden of this change, declined for some time to strictly enforce the new rule. But that time is drawing to an end, as courts around the country have begun to chastise, and in some cases penalize, litigants for failing to adapt to the new discovery regime.

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Bryan J. Wolin

Associate

New York, NY

bwolin@kilpatricktownsend.com