This is the second in a series of articles on the practical implications of the 2015 amendments to the Federal Rules of Civil Procedure. Unless Congress takes action to block them, they will go into effect on Dec. 1, 2015.
From an e-discovery perspective, the most impactful amendments are to Rule 1 (cooperation), 26 (proportionality and scope of discovery), 34 (objections) and 37 (sanctions). The first article in this series (“A New Era of Cooperation for E-Discovery Rules?,” Daily Report, Oct. 12, 2015)concerned the changes to Rule 1. This article will focus on the changes to Rule 26 regarding proportionality and the scope of discovery and end with three takeaway observations.
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