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A Better Partnership


Mar 2016
March 02, 2016

Rule Amendment Encodes Proportionality

Recent amendments to the Federal Rules of Civil Procedure, with regard to limiting the scope and cost of discovery, can be a real game changer. These amendments include the deletion of the phrase “relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” More importantly, this discovery rule is being amended so it prominently features proportionality factors previously buried. The amended rule now states that the scope of discovery must be “proportional to the needs of the case.”
When faced with a motion for protective order or a motion to compel, courts will consider the importance of the issues at stake, the dollar amount in controversy and relative access to information by all parties, as well as their resources. Additionally, the court will evaluate how important the discovery is in resolving the issues and whether the burden or expense of the proposed discovery outweighs its likely benefit. Read more here.

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