TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 16, N.D.R.Civ.P., Pretrial Conferences; Scheduling; Management
During its April meeting, the Committee drafted proposed amendments to Rule 16 to be submitted with the Committee's report on commencement of actions. One of these Rule 16 amendments related to discovery of electronic information. Given that proposed amendments to N.D.R.Civ.P. 26, 33, 34 and 37 on electronically stored information are currently pending before the Supreme Court, the Committee may wish to submit its amendments to Rule 16 as well.
At its January meeting, the Committee reviewed and discussed the draft version of the Uniform Rules Relating to Discovery of Electronically Stored Information. The final version of these rules was approved by the National Conference of Commissioners on Uniform State Laws at its summer meeting. A copy is attached for the Committee's review.
The amendments to N.D.R.Civ.P. 26, 33, 34 and 37 now pending before the Court were based on amendments to the federal rules. The Uniform Rules are also based on the federal amendments, but they are designed to exist as a separate and specialized set of rules rather than being integrated with existing discovery rules.
The Committee has already considered many of the points addressed by the Uniform Rules in the course of its previous deliberations on electronic discovery. The Committee, however, may wish to look at Uniform Rule 3 -- Conference Plan and Report to the Court -- as part of its discussion of possible amendments to Rule 16.
Draft amendments to Rule 16 are attached for the Committee's consideration.