A Plaintiff’s Guide To Discovery Proportionality: Part 1

Law360, New York (August 14, 2017, 2:17 PM EDT) -- Civil litigators often spend more time in discovery disputes than in trials. Few plaintiffs or defendants are keen on spending time in a deposition, collecting documents or handing over to their opponent evidence that could be used against them later. Yet, as the Supreme Court said 70 years ago while interpreting the original Rules of Civil Procedure, “[m]utual knowledge of all the relevant facts gathered by both parties is essential to proper litigation. To that end, either party may compel the other to disgorge whatever facts he has in his possession.”[1]

In December 2015, the “proportionality” amendments to Rule 26 of...

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