Proportional Response


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”

I am by no means the first to make this prediction. Judge Charles S. Coody of the Middle District of Alabama offered this in a footnote to an opinion:
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.
Bonds v. Hyundai Motor Co., No. 1:14-CV-330-WHA, 2015 WL 5522072, at *3 n.2 (M.D. Ala. Sept. 16, 2015).
Amen, Judge Coody.

Leave a Reply

Your email address will not be published. Required fields are marked *