Proportionality

Definition(s)

  • Pursuant to Federal Rules of Civil Procedure 26(b)(2)(B), 26(b)(2)(C), 26(g)(1)(B)(iii), and other federal and state procedural rules, the legal doctrine that Electronically Stored Information may be withheld from production if the cost and burden of producing it exceeds its potential value to the resolution of the matter. Proportionality has been interpreted in the case law to apply to preservation as well as production. 1
  • The overriding objective of the CPR is to enable the court to deal with cases justly (CPR1). Specifically this is stated to include “dealing with the case in ways which are proportionate…” and it then goes on to list factors which need to be considered to determine what is proportionate. Taken together these factors are generally referred to together as Proportionality. 2

Notes

  1. Maura R. Grossman and Gordon V. Cormack, EDRM page & The Grossman-Cormack Glossary of Technology-Assisted Review, with Foreword by John M. Facciola, U.S. Magistrate Judge2013 Fed. Cts. L. Rev. 7 (January 2013).
  2. LitSavant Ltd., Glossary, http://www.litsavant.com/full-glossary.aspx