COMMENTS ON PROPOSED CHANGES TO THE FEDERAL RULES OF CIVIL PROCEDURE
 
WHEREAS, the Judicial Conference of the United States transmitted certain proposed amendments to the Federal Rules of Civil Procedure to the United States Supreme Court for consideration on November 27, 1992;

WHEREAS, the Judicial Conference of the United States recommended that the Proposed Amendments be approved by the United States Supreme Court;

WHEREAS, the Proposed Amendments were adopted by the United States Supreme Court, with a separate statement by Justice White and a dissenting statement by Justice Scalia, which statement Justice Thomas joined and Justice Souter joined in part;

WHEREAS, the United States Supreme Court on April 22, 1993, transmitted the Proposed Amendments and statements of the Justices of the United States Supreme Court to the United States Congress;

WHEREAS, if Congress takes no action to disapprove the Proposed Amendments to the Rules, the Proposed Amendments will become effective on December 1, l993;

WHEREAS, the Federal Courts Committee of the Philadelphia Bar Association held a duly convened meeting on July 15, 1993 pursuant to notices published in the Legal Intelligencer inviting all members of the Philadelphia Bar Association to attend said meeting for the purpose of ascertaining the views of all Philadelphia lawyers with respect to the Proposed Amendments;

WHEREAS, the meeting participants were in favor of all of the Proposed Amendments to the Rules except those Proposed Amendments to Rules dealing with certain discovery issues, as to which the participants were in opposition, which are Proposed Amendments to Civil Rules 16, 26, 29, 30, 31, 33, 34, 36 and 37;

WHEREAS, the main concern of the participants was with the proposed change to Civil Rule 26 which would provide for a regime of self-executing disclosure in the absence of the creation of local rule or ad hoc negotiations among counsel for the parties with respect to conducting discovery, and with the Proposed Amendments which would impose strict limitations on the number of depositions and interrogatories permissible;

WHEREAS, the participants were specifically of the view that the Philadelphia Bar Association should actively oppose the aforementioned Proposed Amendments because of the controversy surrounding the Proposed Amendments, the lack of internal consistency evidenced by the Proposed Amendments and the comments thereto, the transaction costs implicated by the Proposed Amendments in terms of both the potential for increased litigation with respect to the interpretation thereof and burden on the district courts, and the Proposed Amendments' significant departure from the presently enacted Civil Rules via the introduction of obligations on counsel contrary to the nature of the traditional adversary system and the attorney-client relationship;

WHEREAS, the Federal Courts Committee requests that the Board of Governors of the Philadelphia Bar Association adopt as the comments and the recommendations of the Philadelphia Bar Association the position of the participants present at the July 15, 1993 meeting held by the Federal Courts Committee, and authorize submission to the United States Congress, prior to December 1, 1993, the position of the Federal Courts Committee, and in particular the Committee's opposition to those Proposed Amendments to Rules dealing with certain discovery issues;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes adoption of the Proposed Amendments to Federal Rules of Civil Procedure 16, 26, 29, 30, 31, 33, 34, 36 and 37, transmitted to Congress on April 22, 1993.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: July 29, 1993