The Quest for "Proportionality" in Electronic Discovery

Ted Hirt, George Washington University

Abstract

Many courts and commentators have observed that, as the demands for ESI in discovery continue to increase, there must be renewed emphasis on “proportionality” principles. The Sedona Conference® recently issued its commentary, The Sedona Conference® Principles of Proportionality, which is a valuable contribution to this field. More work needs to be done, however, on how proportionality principles can be feasibly translated into civil practice. The 2006 Civil Rules amendments are a valuable foundation. Obstacles exist to the realization of proportionality. This article develops these background points and recommends various actions and processes that litigants and judges may use to achieve proportionality