It is hardly news that amendments to the Federal Rules of Civil Procedure have been proposed and are generating considerable reaction. A careful look at some of them, however, will make the reader wonder whether the amendments are actually adding anything or are adding a great deal not by what they say but by what they imply. In this month’s column, we will look at the proposed changes to Rule 26(b).
Rule 26(b)
Added to Rule 26(b) is the requirement in Section (b)(1) that a party may obtain discovery “proportional to the needs of the case.” Removed from the rule is the language that “relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.”
Harm Being Addressed
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