Post Process

Everything to do with E-discovery & ESI

Case Blurb: U & I; Discussion of Court’s management of document production under FRCP 26(b)(1)

Posted by rjbiii on December 2, 2007

Rule 26(b) (1), Fed.R.Civ.P., which defines the scope of discovery, was amended in 2000. Rule 26(b)(1) provides that “[p]arties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party …” Further, “for good cause shown, the court may order discovery or any matter relevant to the subject matter involved in the action.” Fed.R.Civ.P. 26(b)(1) (emphasis supplied).

The rule change was to involve the court more actively in regulating the breadth of sweeping or contentious discovery. Fed.R.Civ.P., Advisory Committee Note. The Advisory Committee intended by the rule change for the parties and the court to focus “on the actual claims and defenses involved in the action.” The rule change signals to the court that “it has the authority to confine discovery to the claims and defenses asserted in the pleadings …”

U & I Corp. v. Advanced Medical Design, Inc., 2007 WL 4181900 (M.D.Fla. Nov. 26, 2007) (internal citations removed, emphasis in the original)

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