Federal Rule 26 serves as general guidance to the duty of disclosure during discovery proceedings. The question is, should litigation finance agreements fall under Federal Rule 26’s purview? Significant effort has been invested in various proposals requiring litigation funding information to be made available under Federal Rule Rule 26.
An LFJ Conversation with Michael Kelley, Partner, Parker Poe
Federal Rule 26 serves as general guidance to the duty of disclosure during discovery proceedings. The question is, should litigation finance agreements fall under Federal Rule 26’s purview? Significant effort has been invested in various proposals requiring litigation funding information to be made available under Federal Rule Rule 26.
AboveTheLaw.com reports that a recent effort to amend Federal Rule 26 with a “one size fits all” provision requirement for litigation finance agreements has failed. The Federal Rules Advisory Committee on Civil Rules has upheld the notion that the decision to disclose litigation agreements resides with the litigant.
Proponents of amending Federal Rule 26 have petitioned for a Third Party Litigation Finance pilot project through an amendment to Fed. R. 26(a)(1)(A). Federal Rules Advisory Committee members signal no intent to approve any such measure, anytime soon.
Check out AboveTheLaw.com’s full deep dive into the latest news on Federal Rule 26.
