Which factor is considered when determining proportionality in discovery?

Which factor is considered when determining proportionality in discovery?

• A. The importance of the issues at stake.
• B. The amount in controversy.
• C. The parties' resources.
• D. All of the above.

Answer: (D)

Proportionality in discovery means the scope of what you can obtain should fit what’s needed to resolve the case without imposing undue burden. Courts evaluate several factors, and among the most important are how big the issues are (the importance of the issues at stake), the amount of money involved (the amount in controversy), and what the parties can reasonably access or afford to spend on discovery (the parties’ resources). Because each of these can affect whether the burden and cost of discovery are justified by the likely benefits, all of these factors are considered. That’s why the best answer is all of the above: every listed factor can influence whether discovery is proportional.

Proportionality in discovery means the scope of what you can obtain should fit what’s needed to resolve the case without imposing undue burden. Courts evaluate several factors, and among the most important are how big the issues are (the importance of the issues at stake), the amount of money involved (the amount in controversy), and what the parties can reasonably access or afford to spend on discovery (the parties’ resources). Because each of these can affect whether the burden and cost of discovery are justified by the likely benefits, all of these factors are considered. That’s why the best answer is all of the above: every listed factor can influence whether discovery is proportional.