H. Christopher Boehning and Daniel J. Toal Embracing Proportionality, Court Refuses To Compel Discovery 'Based on Relevance Alone'
In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that serves as a reminder of the fundamental importance of proportionality post-2015, when allowable discovery is not determined by relevance alone.
August 02, 2021 at 12:45 PM
7 minute read
Of the many changes to e-discovery practice introduced by the 2015 amendments to the Federal Rules of Civil Procedure, the most impactful may have been the change to Rule 26(b)(1) that restored proportionality to the determination of the appropriate scope of discovery. After the amendments went into effect, many courts around the country quickly—and even proactively—incorporated the principle and factors of proportionality from Rule 26(b)(1) into their decisions, often as part of limiting the scope of requested discovery.
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