Perspective
Mar. 10, 2016
FRCP changes and discovery under patent local rules
The idea of proportionality in civil discovery itself is not new — the amended rules simply makes it explicit. By Lauren Whittemore
Federal Rule of Civil Procedure 26(b)(1), which governs the scope of discovery, was amended on Dec. 1, 2015. The prior rule allowed a party to "obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense" and stated that "[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." The amended...
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