2009 Regular Session . June 15, 2009
Legislators Turn to Law Institute for Research
Law Institute Is Asked to Study Two Issues for Next Session
Two Senate Concurrent Resolutions directed to the Law Institute passed out of House Civil Law and Procedure Committee with little discussion and no opposition.
SCR 86 by Sen. Julie Quinn asks the Law Institute to study multi-district litigation (MDL), a procedure used in the federal court system to transfer all pending civil cases of a similar type filed throughout the United States to one federal judge. The resolution suggests that the transfer of civil actions sharing a common question of law or fact to one judicial district in the state would serve the convenience of the parties and witnesses and promote just and efficient outcomes. Similar legislation was adopted in Texas in recent years as part of a tort reform package.
SCR 87 by Sen. Dan Claitor asks the Law Institute to study electronic discovery in civil proceedings. This resolution is in response to SB 65 by Sen. Jack Donahue that would have enacted changes to Code of Civil Procedure rules on discovery of electronic evidence. Noting the past work of the Law Institute in studying and recommending changes to address discovery of electronically stored information, Sen. Claitor’s resolution urges further study by the Law Institute before adopting more legislative changes.
SB 65 was defeated by a vote of 15 to 20. Please contact senators who voted NO on SB 65 last week and thank them for their vote against this bill and in support of the civil justice system.
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