Friday, January 20, 2012

Relevance: The Most Important Limitation on Discovery Abuse?



http://ow.ly/8AiMy

An article by Dennis Kiker posted on the LeClair Ryan website.

This article discusses Rule 26(g) of the Federal Rules of Civil Procedure.

This article states, "Last week, I had the opportunity to participate in a webcast reviewing the case law highlights from 2011. One of the topics we discussed was the certification requirement of Rule 26(g). In preparing for the webcast, none of the panelists, including me, thought that the rule had received much attention since Judge Grimm’s opinion in Mancia v. Mayflower Textile. Turns out we were wrong. A quick Westlaw search turned up at least 80 cases in 2011 alone in which Rule 26(g) was referenced. I did the math, and that averages more than one opinion every week, some of which are quite interesting. So it turns out that Rule 26(g) just might be gaining some ground in reducing the pervasiveness of overly broad requests for discovery and knee-jerk boilerplate objections. Thank you, Judge Grimm."

P.S.  Judge Grimm participated in a CLE panel event in Charlotte, North Carolina on January 18th, and Joe Bartolo, one of the authors of this blog was also one of the speaker/participants.  Judge Grimm addressed the Rule 26(g) requirements during the event in Charlotte as well, and warned against overly broad discovery requests, especially in the context of request for electronically stored information.

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