Practical Considerations For Litigating Proportionality
By Elizabeth McGinn, Scott Sakiyama and Brian Bartholomay (May 4, 2018, 12:47 PM EDT) -- After years of discussion regarding how the rules of discovery might be improved, amendments to the Federal Rules of Civil Procedure became effective on Dec. 1, 2015. One of the more prominent amendments involved FRCP 26(b)(1), which was updated to allow discovery of relevant, nonprivileged information so long as such discovery is "proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the...
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