Control Can courts alter the default limits on the number of certain discovery requests? See Rule 26(b)(2)(A). May a court limit the extent or frequency of discovery methods? In limiting discovery, may a court act on its own initiative or must it wait for a motion? What bases permit a court to limit discovery? See […]
The rock-paper-scissors discovery solution Study questions on chapter 21: scope of discovery Study questions on chapter 22: discovery devices Study questions on chapter 23: discovery controls Differences between privilege and work product Work product tables Revised Feb. 21, 2016
Excerpt from the Advisory Committee Notes for the 2006 amendments to the FRCP regarding Rule 37(e) (which was formerly 37(f)). Note to Subdivision (f) [which is now 37(e)]. Subdivision (f) is new. It focuses on a distinctive feature of computer operations, the routine alteration and deletion of information that attends ordinary use. Many steps essential […]
FRCP 26 – Scope of discovery What is the scope of discovery under Rule 26(b)(1)? If something is not admissible in court, can it still be discovered? See 26(b)(1). What is the “proportionality” requirement in Rule 26(b)(1)? How does it differ, if at all, from the limitation guidelines in Rule 26(b)(2)(C)? For additional guidance, see […]
