The FRCP Amendments Caused a 60% Increase in Proportionality Opinions in 2016

Kroll Ontrack experts summarized 57 significant state and federal judicial opinions from 2016 related to the discovery of electronically stored information (ESI). Four major categories arose most commonly in these opinions:
56 percent of opinions dealt with disputes involving production and the methods used, and arguments of proportionality and scope of discovery
32 percent of opinions focused on preservation, spoliation and motions for sanctions
8 percent of opinions addressed procedural issues, such as search and predictive coding protocols
4 percent of opinions addressed cost considerations, such as cost shifting and taxation of costs
The bottom line is that proportionality is now a default consideration in discovery
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