Scope of Discovery
What breadth of information can be uncovered with discovery tools?
- Both the power and destructive potential of discovery hinges upon its scope/reach.
- Rule 26(b)(1) allows the parties to seek discovery "regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case" without court approval.
- Discovery's scope doesn't just hinge upon relevant; it also hinges upon proportionality.
- That means that even relevant information can be precluded from discovery if it is unduly cumulative, duplicative, burdensome, or unproportional to the needs of the case.
- See Gordon v. TGR Logistics, Inc., 2017 WL 1947537 (D. Wyo. 2017), from first semester.
You are in charge of protecting your client. Don't lie, but don't give what you don't have to. See Rule 26(b)(1).
- See Gordon v. TGR Logistics, Inc., 2017 WL 1947537 (D. Wyo. 2017), from first semester.
- That means that even relevant information can be precluded from discovery if it is unduly cumulative, duplicative, burdensome, or unproportional to the needs of the case.