From PREX17, learn what judges think of Rule 37(e).

It’s been two years since the Federal Rules of Civil Procedure were amended, but parties and the courts are still navigating exactly what they mean and how they apply. This is especially true for Rule 37(e), governing the sanctions for failure to preserve electronically stored information.

In this PREX17 session, “Spoliation and the New Rules,” our all-star panel of current and former U.S. district and magistrate judges discussed the amended Rule 37(e) in detail. The panelists reviewed the rule’s scope, what it requires for preservation, how to replace lost evidence, the meaning of prejudice and the burden of proof for intent to deprive.

Our moderator, the Honorable Ronald Hedges, former U.S. Magistrate Judge for the District of New Jersey and now Senior Counsel for Dentons, led a discussion with:

  • The Honorable Xavier Rodriguez, U.S. District Judge for the Western District of Texas;
  • The Honorable Andrew J. Peck, U.S. Magistrate Judge for the Southern District of New York;
  • The Honorable Frank Maas, former U.S. Magistrate Judge for the Southern District of New York; and
  • The Honorable Elizabeth Laporte, U.S. Magistrate Judge for the Northern District of California.