FRCP Amendments May Allow Parties to Limit Costs and Scope of eDiscovery

The amount of discovery is perhaps the biggest factor affecting the cost and duration of litigation, especially for corporations and other business entities, because of the steady growth in electronically stored information (ESI). On December 1, 2015, the most significant amendments in modern history to the Federal Rules of Civil Procedure went into effect. These amendments, largely focused on discovery practices, promote early and active case management by the parties and courts, encourage early and open dialogue about the scope and timing of discovery, and endorse proportionality in discovery. Counsel who know these amendments and strategically use the principles they embody may be able to resolve cases at a faster pace and reduce the burden of ESI discovery.

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