Perspective
Jul. 28, 2016
Courts beginning to consider new proportionality rules
In December 2015, several amendments to the Federal Rules of Civil Procedure took effect. Among the changes, the proportionality considerations previously appearing in Rule 26(b)(2)(C)(iii). By Eric B. Evans
In December 2015, several amendments to the Federal Rules of Civil Procedure took effect. Among the changes, the proportionality considerations previously appearing in Rule 26(b)(2)(C)(iii) - requiring courts to limit discovery where the burden or expense outweighed the likely benefit - were moved to Rule 26(b)(1), which defines the general scope of discovery. As the Advisory Committee explained, the revision was necessary, in par...
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