Discovery
Scope and Framework
The proportionality factors are the importance of the issues, the amount in controversy, the parties' relative access to the information, their resources, the importance of the discovery to resolving the issues, and whether the burden outweighs the likely benefit.
The 2015 amendments moved proportionality into the definition of scope, making it an affirmative limit rather than a separate objection.
Alternative Names:
Proportionality Standard, Rule 26(b)(1) Proportionality
Why it Matters?
Proportionality is the primary defense against runaway discovery cost, particularly in electronic discovery where volume drives spend. It succeeds when supported with specifics: custodian counts, data volumes, estimated review hours, and vendor cost projections. Courts reject proportionality arguments made as conclusory assertions of burden, so the work of quantifying cost is what makes the argument available.
Frequently Confused with
Related terms
Frequently asked questions
Who bears the burden on proportionality?
What evidence supports a proportionality objection?
