Will Changes To Federal Rules Reduce Scope Of Discovery?

Law360, New York (December 11, 2015, 12:52 PM EST) -- Daniel M. Braude

Marianna Codispoti Dec. 1, 2015, which quite fittingly has been declared the inaugural E-Discovery Day, marks the implementation of a package of amendments to the Federal Rules of Civil Procedure, concluding a process that began more than five years ago. Most notably, Rules 26(b)(1) and 37(e) have received substantial revisions. As many litigators will be surprised to learn, the language "reasonably calculated to lead to the discovery of admissible evidence" has been dropped from Rule 26(b) and replaced in part with a limitation that discovery must be "proportional to the needs of the case." As to Rule 37(e),...

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