The proposed amendments to the Federal Rules of Civil Procedure, and specifically Rule 26(b)(1)’s proposed proportionality language, have been the source of much debate during the past year. The period for public commentary on the proposed amendments is now closed. Following three public hearings, the advisory committee on civil rules plans to devise its ultimate recommendations to the Judicial Conference’s committee on rules of practice and procedure in a spectator-only, fourth and final meeting in April.
Rule 26(b)(1) currently defines the scope of discovery as follows:
