We are at the five-year mark of rules changes designed to emphasize proportionality in federal civil discovery practice. Since December 1, 2015, many courts have examined the six proportionality factors memorialized in Federal Rule of Civil Procedure 26(b)(1) to measure the appropriateness of discovery. Of those factors, cost—the expense and time required to comply with a discovery response—remains the most significant in terms of determining whether a responding party must comply with a disputed discovery request. The recent case of SiteLock LLC v. GoDaddy.com LLC exemplifies this point and spotlights the importance of quantifying cost to demonstrate the proportionality or disproportionality of a particular discovery request. …
November 23, 2020
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