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In our remaining time I would like to describe something of the rules making process and tell you were we stand in formulating new rules that deal specifically with electronic discovery. Over the last generation or so, the rule making process at the federal level has evolved from a black box to something more like giant water filtration plant, with a number of filters. These filters provide a number of levels for close scrutiny, debate, and public input. First is the Discovery Subcommittee, which reports to

the Civil Rules Advisory Committee, which formulates proposed rules. The proposed rules are then passed on to the

Committee on Rules of Practice and Procedure, also known as the "Standing Committee." The Standing Committee then authorizes the Advisory Committee to publish the proposed rules, hold meetings and take public comment before presenting its final recommendations, which go into a report to

the Judicial Conference of the United States. Their meetings are not public, but they prepare a document for the

Supreme Court of the United States, which, upon approval, transmits it to

Congress, which has six months to either act on the proposed rules, or do nothing, in which case the rules go into effect. As you can see, this is a long process, and it typically takes two to three years for a proposed rule or amendment to get through. Nothing happens without a lot of opportunity for thought and reflection.


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