What is the Proper Scope of Discovery under Federal law?

Rule 26(b)(1) of the Federal Rules of Civil Procedure delineates the scope of discovery. It provides that parties may obtain discovery regarding any non-privileged matter as long as it is (1) relevant to any party’s claim or defense and (2) proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). Relevance “is construed broadly to encompass any matter that bears on, or that could reasonably lead to other matter that could bear on, any issue that is or may be in the case.” Rosenbaum v. Becker & Poliakoff, P.A., 708 F. Supp. 2d 1304, 1306 (S.D. Fla. 2010). To be proportional to the needs to the case, courts examine the requested information in light of six factors: “[1] the importance of the issues at stake in the action, [2] the amount in controversy, [3] the parties’ relative access to relevant information, [4] the parties’ resources, [5] the importance of the discovery in resolving the issues, and [6] whether the burden or expense of the proposed discovery outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1). Rule 26(b)(1) “is aimed at the broad and liberal discovery of all relevant facts. . . .” Hite v. Hill Dermaceuticals, Inc., No. 8:12 cv-2277-T-33AEP, 2013 U.S. Dist. LEXIS 179703, at *15 (M.D. Fla. December 23, 2013) (citing Ward v. Estaleiro Itajai S/S, 541 F. Supp. 2d 1344, 1355 (S.D. Fla. 2008)).

The U.S. District Court for the Middle District of Florida has published a Handbook on Civil Discovery Practice. See Middle District Discovery: A Handbook on Civil Discovery Practice in the United States District Court for the Middle District of Florida (2015). It contains “an expression of generally acceptable discovery practice in the Middle District,” and it is regarded “as highly persuasive in addressing discovery issues.” Id. at Introduction. Courts cite this handbook in resolving discovery disputes. See, e.g., Giroux v. Kangamiut Constrs. ApS, No 3:10-cv-35-J-37JBT, 2011 U.S. Dist. LEXIS 95428, at *12–13 (M.D. Fla. Aug. 22, 2011).

Joel Ewusiak frequently represents parties in lawsuits pending in the U.S. District Court for the Middle District of Florida. Please contact Joel for legal assistance with your specific matter.