class 5

Question 1

Rule 26 (b) Scope of Discovery

Answer 1

(1) Scope in general. Parties may obtain discovery regarding any nonprivileged matter that is RELEVANT to any party’s claim or defense AND
Proportional to the needs of the case, considering importance of the issues in the action, amount in controversy, parties’ relative access to relevant information, parties’ resources, importance of the discovery, and whether the burden or expense outweighs its likely benefit.

Question 2

Rule 26 (b) Scope of Discoverycont’d

Answer 2

(2)(C) On motion or on its own, the court must limit discovery if (i) it is unreasonably cumulative or duplicative, or another source is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity to obtain the information by discovery; or (iii) the proposed discovery is outside the scope permitted by 26(b)(1).

Question 3

relevance

Answer 3

What does this mean?
In evidence, having “a tendency to make a fact more or less probable” and “the fact is of consequence in determining the action.”
See Note 4, p. 483 (486 in 9th)
What does ”proportional” mean?

Question 4

rule 26b2b

Answer 4

“a party need not provide discovery of ESI from sources that the party identifies as not reasonably accessible because of undue burden or cost.”

Question 5

when is cost shifting appropriate

Answer 5

Not reasonably accessible: must be restored, re-fragmented, or reconstructed
Cost-shifting only considered when ESI is NRA