One of the most important aims of the 2015 amendments to the Federal Rules of Civil Procedure was the elimination of “unnecessary or wasteful discovery.” While a worthy objective, this goal is often elusive. Counsel, clients, and even the courts often get caught up in ensuring that every responsive document has been produced or otherwise accounted for in discovery. Though understandable, this approach is an unproductive and exhausting discovery trap. It squanders resources while failing to accomplish the very purposes for which discovery has been undertaken.
Sampling as a Solution
In contrast, there are other methods and tools that can simplify the discovery process while reducing expenses and wasted opportunity costs. One of the best ways available for doing so is sampling.
