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Since the 2015 amendment, the proportionality requirement under Federal Rule of Civil Procedure 26(b)(1) has become the focus of considerable and often protracted discovery-related battles. While the rule incorporates six factors for a court to consider, no bright-line rules have surfaced regarding the analysis of these factors in the past seven years. The difficulty in formulating clearer rules or standards is that the inquiry is fact-dependent and therefore highly individualized.
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