Discovering Innovation: Discovery Reform & Federal Civil Rulemaking

18 Pages Posted: 29 Apr 2018

Date Written: April 10, 2018


Federal civil rulemaking—the process by which the Federal Rules of Civil Procedure are created and maintained—has simultaneously been described as a crisis and a crowning achievement. This Article departs from this binary and pragmatically turns to a consideration of how the committee operates. Using the lens of discovery reform, this Article examines how the rulemaking process has evolved over the past 35 years. The ups and downs of discovery reform have inspired the committee to adopt many modern rulemaking innovations. Those innovations, this Article argues, are critical to the success of the rulemaking process because they provide rulemakers with better information. Finally, discovery reform and the committee’s responsive innovations are true to the ethos of the rulemaking process, a process that was designed to be reflective, deliberative, and adaptive.

Keywords: discovery, rulemaking, federal rules of procedure, committee, judges, courts

Suggested Citation

Coleman, Brooke, Discovering Innovation: Discovery Reform & Federal Civil Rulemaking (April 10, 2018). Akron Law Review, 2018. Available at SSRN:

Brooke Coleman (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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