As of August 28, 2017, the Daubert standard will now govern the admissibility of expert witness testimony in certain cases in Missouri.[1] This is the result of House Bill 153, one of the first bills signed by Governor Eric Greitens, which effectively changes the language in Missouri Revised Statute Section 490.065 moving the standard for admissibility of expert testimony from a broad to more stringent standard requiring the Court to assess the basis of a proposed expert’s testimony before allowing the expert to testify at trial.
The new language in the statute makes it clear that in ...
Now that the amendments affecting the rules regarding the bringing of a case and case management procedures, as well as those changes to the scope of discovery have been discussed, the final piece of this guide addresses the changes to preservation requirements and the new rule governing sanctions—or remedies—for ESI spoliation. Rule 37(e) has been completely redesigned, and now functions as the sole authority for dealing with lost or destroyed ESI. As a result, the amended rule has broad implications not only for the legal community but the business community, too.
Changes to ...
Out with the old, in with the new. It’s time to scrap “reasonably calculated” in favor of “proportionality.” This is because the amended Rule 26 has deleted the directive that “[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Instead, the scope of discovery—and thus, your responses and objections—are now defined by what is “proportional to the needs of the case”. This change, as well as other amendments to Rules 26 and 34, are outlined and discussed in ...
The Amendments are officially upon us. On December 1st, the changes to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84 of the Federal Rules of Civil Procedure became law. For federal-court litigators, these changes included key amendments that are highlighted in this three-part guide. While some changes are as simple as changing the language of your discovery objections, others incorporate fundamental shifts in approaching pre-trial discovery that affect every stage of the pre-trial process.
In light of these important changes in the procedural rules governing federal ...
