The latest round of amendments to the Federal Rules of Civil Procedure (FRCP) went into effect in December 2015, and while some revisions, like Rule 34(b)(2) requiring specificity in RFP objections, are anticipated to spur changes in civil litigation, practitioners won’t know the full impact of these amendments until judges begin making decisions based on the new standards. That being said, the explicit addition of proportionality—the determination of how the cost and burden of collecting evidence for the case weighs against the matter’s overall value—to Rule 26(b)(1), which governs the scope of electronic discovery, is likely to arm defendants with stronger arguments against collecting certain electronic data for a matter.
The revised rule, which amends the definition of what is discoverable from “reasonably calculated to lead the discovery of admissive evidence,” to “proportional to the needs of the case,” states:
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