by Christopher Wright Durocher, Senior Director of Policy and Program, ACS
For decades, both plaintiffs’ and defense attorneys have called for reforms to the Federal Rules of Civil Procedure to address a “discovery crisis” that they define in diametrically opposing terms. Plaintiffs’ attorneys seek a rule that allows for broader discovery, while defense attorneys argue that discovery is already too broad. In the middle of this argument is the Advisory Committee on Federal Civil Rules, which is tasked with revising these rules and has thus far struggled to find a solution to satisfy all parties. In ACS’s latest Issue Brief, Federal Civil Rulemaking, Discovery Reform, and the Promise of Pilot Projects, Professor Brooke Coleman of the Seattle University School of Law examines the failed history of attempted discovery reform and suggests we may find hope for solutions in two pilot projects.