Committee Note, Rule 26 (Dec. 1, 2015) is discoverable under revised Rule 26(b)(1) if it is relevant to any “Information party’s claim or defense and is proportional to the needs of the case. The considerations that bear on proportionality are moved from present Rule 26(b)(2)(C)(iii), slightly rearranged and with one addition.” former provision for discovery of relevant but inadmissible information that “The appears calculated to lead to the discovery of admissible evidence’ is ‘reasonably also deleted. The phrase has been used by some, incorrectly, to define the scope of discovery. As the Committee Note to the 2000 amendments observed, use of the calculated’ phrase to define the scope of discovery swallow any ‘reasonably ‘might other limitation on the scope of discovery.’ The 2000 amendments sought to prevent such misuse by adding the word at the beginning of the ‘Relevant’ sentence, making clear that means within the scope of discovery as ‘relevant’ defined in this subdivision . . . .’ The calculated” phrase has continued ‘reasonably to create problems, however, and is removed by these amendments. It is replaced by the direct statement that within this scope of discovery need not be ‘Information admissible in evidence to be discoverable.’ Discovery of nonprivileged information not admissible in evidence remains available so long as it is otherwise within the scope of discovery.” Rule 26(b)(1) identifies six factors for the parties Guideline 2: and the judge to consider in determining whether proposed discovery is to the needs of the case.” As discussed “proportional further in 3, the degree to which any factor applies and Guideline the way it applies depend on the facts and circumstances of each case. Committee Note, Rule 26 (Dec. 1, 2015) present amendment restores the proportionality factors to their original place “The in defining the scope of discovery. This change reinforces the Rule 26(g) obligation of the parties to consider these factors in making discovery requests, responses, or objections.”
Committee Note, Rule 26 (Dec. 1, 2015) “Information is discoverable under revised Rule 26(b)(1) if it is relevant to any party’s claim or defense and is proportional to the needs of the case. The considerations that bear on proportionality are moved from present Rule 26(b)(2)(C)(iii), slightly rearranged and with one addition.” “The former provision for discovery of relevant but inadmissible information that appears ‘reasonably calculated to lead to the discovery of admissible evidence’ is also deleted. The phrase has been used by some, incorrectly, to define the scope of discovery. As the Committee Note to the 2000 amendments observed, use of the ‘reasonably calculated’ phrase to define the scope of discovery ‘might swallow any other limitation on the scope of discovery.’ The 2000 amendments sought to prevent such misuse by adding the word ‘Relevant’ at the beginning of the sentence, making clear that ‘relevant’ means within the scope of discovery as defined in this subdivision . . . .’ The ‘reasonably calculated” phrase has continued to create problems, however, and is removed by these amendments. It is replaced by the direct statement that ‘Information within this scope of discovery need not be admissible in evidence to be discoverable.’ Discovery of nonprivileged information not admissible in evidence remains available so long as it is otherwise within the scope of discovery.” Guideline 2: Rule 26(b)(1) identifies six factors for the parties and the judge to consider in determining whether proposed discovery is “proportional to the needs of the case.” As discussed further in Guideline 3, the degree to which any factor applies and the way it applies depend on the facts and circumstances of each case. Committee Note, Rule 26 (Dec. 1, 2015) “The present amendment restores the proportionality factors to their original place in defining the scope of discovery. This change reinforces the Rule 26(g) obligation of the parties to consider these factors in making discovery requests, responses, or objections.”
civil_rules_project-jan_20-word.docx