As to discovery, the new FRCP additionally adds language intended to streamline and reduce the costs associated to discovery. Specifically, Rule 26(b)(1) is being amended to include a concept of "proportionality", wherein parties may obtain discovery regarding nonproviileged matter that is relevant to a party's claim or defense and that is proportional to the needs of the case. Six factors are considered in assessing what qualifies as a "proportional need": (1) importance of the issues; (2) amount in controversey; (3) parties' relative access to relevant information; (4) parties' resources; (5) importance of discovery in resolving the issues; and (6) whether the burden of discovery outweighs its likely benefit.
The full FRCP update can be found at http://www.supremecourt.gov/orders/courtorders/frcv15%28update%29_1823.pdf
