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Mark Michels
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Henry Kelston’s article, House Judiciary Subcommittee: No Need to Act on EDD Costs, provides a thoughtful summary of the House Subcommittee on the Constitution’s hearing on The Costs and Burdens of Civil Discovery. However, I do take issue with Mr. Kelston’s conclusion that “the consensus of the participating members was that the question is being actively studied by the Federal Judicial Conference's Civil Rules Advisory Committee, so there is no reason for Congress to involve itself at this time.” As I watched the webcast, I doubt that the Subcommittee Chairman, Rep. Trent Franks (R. AZ) would agree with that conclusion. Additionally, there were no remarks or questions by any other Republicans at the hearing. While the Democrats on the Subcommittee may well feel that no Congressional action is required at this time, it is not clear that this hearing is the end of Congressional interest in this issue.
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Jul 26, 2011