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2012 Rep. Advisory Comm. on Civ. Rules 1 (2012)

handle is hein.usfed/adcvru0045 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 JEFFREY S. SUTTON CHAIRS OF ADVISORY COMMITTEES CHAIR STEVEN M. COLLOTON JONATHAN C. ROSE APPELLATE RULES SECRETARY EUGENE R. WEDOFF BANKRUPTCY RULES DAVID G. CAMPBELL CIVIL RULES REENA RAGGI CRIMINAL RULES SIDNEY A. FITZWATER EVIDENCE RULES MEMORANDUM To: Honorable Jeffrey S. Sutton, Chair, Standing Committee on Rules of Practice and Procedure From: Honorable David G. Campbell, Chair, Advisory Committee on Federal Rules of Civil Procedure Date: December 5, 2012 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met at the Administrative Office of the United States Courts in Washington, D.C., on November 2, 2012. The meeting had been scheduled for November 1 and 2, but in anticipation of travel disruptions following Super Storm Sandy it was rescheduled to enable most participants to attend by video conference, webcast, or other remote means. Several participants gathered at the Administrative Office. Draft Minutes of this meeting are attached. This report has been prepared by Professor Cooper, Committee Reporter, with Professor Marcus, Associate Reporter, and various subcommittee chairs. Part I of this Report presents for action a proposal recommending publication for comment of a revised Rule 37(e). The revisions provide both remedies and sanctions for failure to preserve discoverable information that reasonably should have been preserved. In addition, they describe factors to be considered both in determining whether information reasonably should have been preserved and also in determining whether a failure was willful or in bad faith.