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Proportionality


On December 1, 2015, an amendment to Federal Rule of Civil Procedure 26(b)(1), which defines the scope of discovery, became effective.  The change brought the existing-but-overlooked concept of proportionality front and center in an attempt to combat the runaway cost and scale of discovery in the digital era.  In this series, we survey proportionality decisions and relevant publications from the past three and a half years to learn how this amendment has actually affected the scope and process of discovery.

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