A topic from AEG's L5R CCG Rules forum, copied for Oracle of the Void from a copy of the forum saved in October 2015, so pages it didn't save are missing. Players' names are left out; the rules officials are named. Rulings are as they stood on these dates; later rulings, the rulebooks and the Rules Archive may differ.
A player, 13 September 2007
What happens if I have no cards left in my fate deck and someone issues a duel against one of my personalities? Do I have no focus pool because creating a focus pool isn't actually drawing the cards so the re-shuffling of my fate discard deck isn't triggered? Or do I just shuffle and create my focus pool with the re-shuffled deck because a fate card is required and I ran out?
From the Rulebook Draw: To put the top card of your Fate deck into your hand.
After Personalities enter a duel, each of their players puts his or her hand aside and takes the top three cards of the Fate deck to form a focus pool.
From the Draft Rules If you need to draw a card or fill an empty province and the required deck is empty, first refill your deck by taking all cards from your appropriate discard pile and shuffling them. Then refill as normal.
Chris Fuchs (rules official), 13 September 2007
What happens if I have no cards left in my fate deck and someone issues a duel against one of my personalities? Do I have no focus pool because creating a focus pool isn't actually drawing the cards so the re-shuffling of my fate discard deck isn't triggered? Or do I just shuffle and create my focus pool with the re-shuffled deck because a fate card is required and I ran out?
From the Rulebook Draw: To put the top card of your Fate deck into your hand.
After Personalities enter a duel, each of their players puts his or her hand aside and takes the top three cards of the Fate deck to form a focus pool.
From the Draft Rules If you need to draw a card or fill an empty province and the required deck is empty, first refill your deck by taking all cards from your appropriate discard pile and shuffling them. Then refill as normal.
Creating a focus pool is not drawing, and will not trigger that draft rule. You're probably going to have a tough time winning that duel.