The Judicial Conference of the United States has recommended changes to the Federal Rules of Civil Procedure aimed at reducing the staggering costs of discovery in federal litigation.
According to the original story at Corporate Counsel, the Conference made the following 3 recommendations:
1) Discovery is to be “proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.”
2) Judges have more discretion to require the requesting party to share the cost of locating the requested information.
3) Place limits on the sanctions that may be levied on parties for loss of electronically stored information (“ESI”) by requiring analysis of any prejudice to the other party and that sanctions should be no greater than necessary to cure the prejudice.”
The Supreme Court will now review the recommendations for adoption.
See: “New Discovery Rules to Rein in Litigation Expenses,” October 29, 2014.Tweet