Discovery

Question 1

26(b)(1)

Answer 1

Scope in General. Unless otherwise limited by court order, the scope of discovery is as follows: 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 the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.

Question 2

Proportionality factors 26(b)(1)

Answer 2

the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

Question 3

Work Product

Answer 3

the “work product” doctrine in Fed. R. Civ. P. 26(b)(3). That subsection provides that “documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative” can only be obtained in discovery if the requesting party demonstrates that she has substantial need for the materials and cannot obtain substantially equivalent information through other means without undue hardship. Rule 26(b)(3) further provides that, even where such a showing is made, the “mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative” shall be protected from disclosure. Fed. R. Civ. P. 26(b)(3)(B).