Is the Focus on Reducing Discovery Costs a Hazard to Justice?

This post discusses the potential unintended consequences of recent amendments to the Federal Rules of Civil Procedure which emphasize that discovery requests be “proportional” rather than excessive. Of course, proportional is in the eye of the beholder. Read more below.

 

Roy Shapira & Luigi Zingales, Is Pollution Value-Maximizing? The DuPont Case, NBER Working Paper No. 23866 (2017).

Courts, practitioners, and scholars have recently focused on discovery costs in civil litigation. This produced recent amendmentsto the Federal Rules of Civil Procedure emphasizing that discovery requests be “proportional” rather than excessive.

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