Post Process

Everything to do with E-discovery & ESI

Case Blurb: Faber (II); Limitations on Discovery under FRCP 26(b)(2)(C)

Posted by rjbiii on July 26, 2008

Rule 26(b)(2)(C) limits otherwise permissible discovery if the court determines that: (i) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (iii) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.

Peskoff v. Faber, 2008 U.S. Dist. LEXIS 51946 at *4 (D.D.C. July 7, 2008 )

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