Part 3 of 6: Proportionality in discovery proposals for amendments to FRCP
By Cynthia Courtney, Esq., and Peter Coons | D4 LLC
Note:This is part 3 of 6 articles in a series published on InsideCounsel covering the proposed amendments to the Federal Rules of Civil Procedure (FRCP). Read Part 1 and Part 2. You can also sign up to be notified when the next article is published; articles are published every two weeks.
For those who closely follow the law and literature about electronic discovery, “proportionality” is a word and concept that has great significance. Until the current proposed rule changes, however, the “P” word did not appear in the rules but was understood to comprise the factors enumerated in existing Rule 26(b)(2)(C)(iii) — sometimes known as a cost-benefit analysis — that a court must use when it considers whether to limit the frequency or extent of discovery…
Several proposed amendments seek to promote proportionality in discovery by directly amending the scope of discovery, promoting clearer responses to Rule 34 requests for production, reducing the presumptive limits on the number of depositions and interrogatories, adding a limit to the number of requests for admission, and explicitly recognizing the authority to allocate expenses in discovery.
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Cynthia Courtney is the current assistant Attorney General for the state of Connecticut. She was formerly vice president discovery engineering and general counsel at D4. She has more than 10 years of e-discovery experience, obtained both as in-house counsel managing litigation and as eDiscovery counsel to a major law firm.
Peter Coons is a senior vice president at D4, providing eDiscovery and digital forensics consulting services to clients. Peter is a Certified Information Systems Security Professional (CISSP), an EnCase Certified Examiner (EnCE), an Access Data Certified Examiner (ACE), and a Certified Computer Examiner (CCE). He belongs to various digital investigation and information security based organizations. Peter holds a master’s degree in Digital Forensics Management from Champlain College and a bachelor’s degree in Economics from the State University of New York at Oneonta.
Background:
Part 3 of 6: Proportionality in discovery proposals for amendments to FRCP
Source: original article
Author: d4admin
Categories: Electronic discovery, e-discovery, ediscovery
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