Amended Rule 26's Proportionality Standard: The First 60 Days

By Gregory F. Brown, Kaufman Dolowich & Voluck LLP ( February 12, 2016, 10:10 AM EST) -- The latest amendments to the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015. Perhaps the most significant change, at first glance, is to Federal Rule of Civil Procedure 26(b)(1), which defines the scope of permissible discovery. Gone is the timeworn "reasonably calculated to lead to the discovery of admissible evidence" standard that has been restated in objections to discovery requests for decades. In its place is the facially different "proportionality standard," which explicitly imposes a responsibility on litigants to tailor their discovery requests to account for the significance of the information requested, and the cost of gathering responsive information:...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!