We write in response to the article “FRCP Reform: Prospects for Reducing Disputes and Gamesmanship,” (NYLJ, Oct. 7, E-Discovery Special Report.)
The article suggests that the proposed Federal Rules changes have the potential to reduce disputes and facilitate discovery. We have serious concerns that in practice, reducing the presumptive limits on discovery devices (limiting number of depositions to five, reducing the number of interrogatories and the number of requests for admission to 25) and improper application of the concept of proportionality would impose significant and unnecessary burdens on both courts and plaintiffs.
