The world of ediscovery changed significantly in the past year. On Dec. 1, 2015, amendments to the Federal Rules of Civil Procedure (FRCP) affecting discovery took hold. At the heart of the amendments was a renewed effort to provide judges and lawyers with tools to help move the discovery process along and keep litigation costs in control.
Perhaps the most prominent change is the refined scope of discovery under new Rule 26(b)(1). For many years, parties could obtain information “reasonably calculated to lead to the discovery of admissible evidence.” Over time, courts became concerned that this language was too broad in scope, leading to “fishing expeditions” in discovery. The issue became particularly glaring with the explosion of electronically stored information (ESI) in the workplace. The result: volumes of documents that outside counsel must sift through, adding significant discovery costs to a matter.
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