New Federal Rules Could Change Discovery As We Know It

In April of this year, the Civil Rules Advisory Committee ("Advisory Committee") will consider proposals to limit the scope of discovery under the Federal Rules of Civil Procedure (the "Rules"). The proposed amendments could result in the most significant changes to discovery since the 1993 amendments requiring initial disclosures. While historically most amendments to the Rules have broadened discovery obligations, there now appears to be wide support for proposals aimed at getting discovery back under control.

Key among these proposals will be amendments to Rule 26(b)(1), which would require proportional discovery restricted to information relevant to the claims and defenses of the parties. This proposal, which received wide support from the Advisory Committee at its November 2012 meeting, follows on the heels of another discovery-related amendment currently under consideration. In January 2013, the Committee on Rules of Practice and Procedure (the "Standing