Insights: Perspectives Proportionality: Tipping the Scale
In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer requests completely and thoroughly, cooperate throughout the meet and confer process, and discovery would flow seamlessly. The real litigation world, however, does not usually follow this pattern. In December of 2015, the amended FRCP Rule 26(b)(1) sought to address the burdens associated with preservation and production by emphasizing proportionality and defining the scope of discovery. This article addresses the concept of "proportionality" and analyzes a recent case from the United States Disctrict Court, District of Columbia, which specifically addresses each proportionality factor.
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