September 10, 2019 Articles

How to Handle Disproportionate Discovery: An Update and Tips

Learn how to use a proportionality argument when dealing with electronically stored information.

By Paul M. Kessimian and Kelly J. Wilbur

Much has been written on the more recent amendments to the Federal Rules of Civil Procedure concerning proportionality. There is a rich history of rulemaking admonishing courts and litigants to conduct themselves in a manner to ensure that cases are litigated in as inexpensive a manner as can be had to ensure justice. Many feel the goal remains out of reach. Regardless, there is little doubt that the more recent amendments and developments in case law and practice provide ammunition for those seeking to hold the legal system to that standard. That ammunition includes the very history of the amendments to the rules themselves.

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