PRE-2016 COMMITTEE NOTE
While this Local Civil Rule is a straightforward corollary of Fed. R. Civ. P. 26(g)(1)(B),
the Committee understands that it is frequently relied upon and therefore recommends
its retention in the Eastern District and its adoption in the Southern District.
2016 COMMITTEE NOTE
The change to Local Rule 26.5 is necessary because the December 2015 amendments to
the Federal Rules of Civil Procedure eliminated discovery about the “subject matter,”
instead limiting discovery to the claims and defenses, as further limited by
proportionality factors.