Proposal to Amend URCP 37(e) – Discussion Period Closes May 8, 2017

The Utah Supreme Court’s Advisory Committee on the Rules of Civil Procedure invites discussion on a proposal to amend Rule 37(e) of the Utah Rules of Civil Procedure in conformity with its federal counterpart. The 2015 amendments to Rule 37(e) of the Federal Rules of Civil Procedure address failure to preserve electronically stored information (ESI). The committee invites public discussion on this issue to inform whether or in what form a proposed rule amendment should go to the Utah Supreme Court. The proposal has not been approved by the Utah Supreme Court. 

Included with proposed Rule 37(e) is a memorandum that details some of the discussions the committee has already engaged in on this topic as well as Federal Rule 37.

URCP037(e). Failure to Preserve Electronically Stored Information. 

Rule 37(e) Discussion Memorandum

Federal Rule of Civil Procedure 37

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