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Notice of Amendments to Federal Rules of Civil Procedure and Local Rule 103

Tuesday, December 1, 2015

On December 1, 2015, significant changes to the Federal Rules of Civil Procedure went into effect, including the following items:

1. The time for service of process under Rule 4(m) is shortened from 120 days to 90 days.

2. The scope of discovery in Rule 26(b)(1) has been amended.

3. Rule 37(e) has been rewritten to address actions a court may take in response to the loss of electronically stored information.

4. Rule 1 has been amended to state that parties as well as courts have an obligation to secure the just, speedy, and inexpensive determination of every action.

The new rule amendments, as well as the committee notes that explain them, are available at http://www.mdd.uscourts.gov/sites/mdd/files/FRCPAmendments2015.pdf. Additionally, a chart summarizing these amendments is available at http://www.mdd.uscourts.gov/sites/mdd/files/FRCPComparisonChart-2015.pdf.

In light of the amendment to Rule 4(m), this Court has adopted an emergency, conforming amendment to Local Rule 103.8. The order adopting the emergency amendment is on our website, along with a copy of Local Rule 103.8 noting the change and a clean copy incorporating the change at http://www.mdd.uscourts.gov/local-rules-amendments. A revised electronic version of the Local Rules is available at http://www.mdd.uscourts.gov/local-rules.

This amendment will be posted for public notice and comment as part of our Court’s next local rule amendment cycle. Questions and inquiries may be directed in writing to the Clerk’s Office, Attention: Local Rules and Forms Committee, or to MDD_LocalRules@mdd.uscourts.gov.