11/26/2018
https://www.congress.gov...
"The lack of empirical data really concerns me because any of us who have practiced law have war stories and anecdotes and, you know, they can be used so misleadingly for changes or to resist change."
"Do we have any objective data, anything comprehensive about how much discretion judges use in enforcing those rules?"
"Without empirical data demonstrating that there is a widespread problem that must be addressed through the rules, we stand at the precipice of changing the rules in a way that we know will have a part..."
"If the problem is electronic discovery, why not go back to the drawing board and develop reforms targeted just at electronic discovery?"