The New FRCP 26(b)(1)

European readers, who love to hate US pretrial discovery—this one is for you. Absent action by Congress, on December 1, 2015, an amendment to FRCP 26 adopted by the Supreme Court will go into effect. The main change concerns the scope of permissible pretrial discovery. Under the old rule:

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense.

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