Call me a skeptic, but I sense that the current discussions surrounding “proportionality” in the federal discovery rules that became effective Dec. 1, 2015, may be misdirected.

In fact, the most significant effect of the amendments likely will be from changes in Rules 26(d) and 34 regarding document discovery, and Rule 37 setting a national standard on spoliation of electronically stored information or ESI.

Era of Proportionality