Rule Amendment Encodes Proportionality

B. Jay Yelton III takes a look at possibly the most important of the recent changes to the Federal Rules of Civil Procedure, those relating to Rule 26(b)(1), which sets forth discovery scope and limits. The rule, as amended, states that the scope of discovery must be “proportional to the needs of the case,” and that to make this determination courts will consider the importance of the issues at stake, the dollar amount in controversy and relative access to information by all parties. The writer explains why this change, while it is welcome and potentially valuable, lays significant new responsibilities on in-house counsel.