On December 1, 2015, a number of changes will be made to the Federal Rules of Civil Procedure. I predict that the most important will be these five words added to Rule 26(b)(1): “proportional to the needs of the case”
Interestingly, effective December 1, 2015, … a new factor, “proportional to the needs of the case” is added at the beginning of the list [of scope-of-discovery factors for the court to consider]. The comments to the change in the rule make it clear that this new factor is an important consideration both for the parties and the court. In any event, application of this factor will undoubtedly lead to some interesting discovery disputes.