Defining Proportionality: Amended Rule 26's First 6 Months

Law360, New York (June 1, 2016, 11:41 AM EDT) -- The most recent amendments to the Federal Rules of Civil Procedure became effective on Dec. 1, 2015. One of the most significant changes is to Federal Rule of Civil Procedure 26(b)(1), which sets forth the scope of permissible discovery. The key change to Rule 26(b)(1) is the replacement of the phrase "reasonably calculated to lead to the discovery of admissible evidence" with the concept of proportionality.

More specifically, the rule now provides that "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any parties claim or defense and proportional to the needs of the case" when the following...

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