Dealing with Discovery Overuse: Relevance, Proportionality Considerations, and Risk of Court Revisions

28 Nov , 2023

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Courts and parties have been dealing with discovery overuse for decades. The advisory committee notes to both the 1983 and 2015 revisions to Rule 26 reference the problem of over-discovery and encourage judges to be more aggressive in identifying and discouraging discovery overuse. Have courts been more aggressive in discouraging discovery overuse? Have parties since the 2015 revisions to Rule 26 been inclined to follow Rule 1’s instruction to employ the Federal Rules to secure the just, speedy, and inexpensive determination of every action? 

This webinar will review recent case opinions in which courts have independently revised overbroad discovery.  The presenters will also provide their views on relevance and proportionality considerations in discovery and assessing the risk of court revisions to discovery requests.

 

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