Which discovery principle requires that the information sought be proportional to the needs of the case and balanced against burdens, costs, and privileges?

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Multiple Choice

Which discovery principle requires that the information sought be proportional to the needs of the case and balanced against burdens, costs, and privileges?

Explanation:
Proportionality in discovery means the information sought should be proportional to the needs of the case and weighed against burdens, costs, and privileges. Since the 2015 amendments, courts must assess discovery requests by factors like the amount in controversy, the importance of the issues, the resources of the parties, the availability of information from other sources, and the burden or expense of the proposed discovery, along with privacy and privilege concerns. The best answer captures this framework by stating that discovery must be proportional to the case’s needs and balanced against burdens, costs, and privileges, including the amount in controversy, the importance of the issues, and the burden on the producing party. The other ideas don’t fit this approach: discovery isn’t unlimited and cannot be pursued without regard to proportionality; it isn’t governed solely by the court’s personal whim; and discovery isn’t strictly limited to information that will be admissible at trial—nonprivileged, relevant information can be discoverable even if not itself admissible, subject to privileges and other protections.

Proportionality in discovery means the information sought should be proportional to the needs of the case and weighed against burdens, costs, and privileges. Since the 2015 amendments, courts must assess discovery requests by factors like the amount in controversy, the importance of the issues, the resources of the parties, the availability of information from other sources, and the burden or expense of the proposed discovery, along with privacy and privilege concerns. The best answer captures this framework by stating that discovery must be proportional to the case’s needs and balanced against burdens, costs, and privileges, including the amount in controversy, the importance of the issues, and the burden on the producing party.

The other ideas don’t fit this approach: discovery isn’t unlimited and cannot be pursued without regard to proportionality; it isn’t governed solely by the court’s personal whim; and discovery isn’t strictly limited to information that will be admissible at trial—nonprivileged, relevant information can be discoverable even if not itself admissible, subject to privileges and other protections.