Federal Rules of Civil Procedure amendments
If your case predates the December 2015 rule amendments, do not assume that it is automatically governed by the previous rules.
Despite destroying the laptop of a key employee, the court only imposed sanctions of costs and attorneys’ fees under the old version of the FRCP.
Timing of Rule Amendments Proves “Good Luck” for Spoliating Party as Court Vacates an Adverse Inference Order
As this case illustrates, amended rules will require courts to consider the threshold issue of intent before evaluating spoliation remedies.
Advisory Committee on Civil Rules met to amend the Federal Rules of Civil Procedure and streamline Rule 37(e), which addresses sanctions for spoliation of ESI.
Judicial Conference voted to approve the proposed amendments to the FRCP for public comment, the amendment to Rule 37(e) is the most relevant