Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that baby home is another matter – despite having a long time to prepare. Moreover, while there is as much commentary about the rules changes as there are parenting books, it’s hard to really figure out what to do until you are doing it.

Having stared down our first Request for Production of Documents due after today, we offer the following tips for adjusting to the new rules, with the caveat that they may not apply in every case. If you have your own tips, post them in the comments or email us.

Timing

• The changes affect pending cases “so long as just and practicable.” The judges involved in the changes have voiced an expectation that they be applied in pending cases.
• Your best bet for complying with the amended rules is early case assessment. As soon as possible, figure out:
  • Who the key custodians are, and what their roles are.
  • Where the main documents reside.
  • What the challenging places are where discoverable information might reside, such as structured databases, applications, and proprietary platforms.
  • Whether there are sources of potentially relevant electronically stored information that are likely to be lost (e.g., automatic deletion of email) if steps are not taken to preserve them.
  • What factual issues are undisputed and not necessary for discovery.
  • What you need from the adversary in order to resolve the issues in dispute.
• The deadline for service of a complaint has been shortened by 30 days, to 90 days after filing.
• The deadline for using a scheduling order has been shortened by 30 days.