- Skin in the Game: A Proposed Co-Pay Requirement for Discovery-Requesting Parties
- October 10, 2017 | Authors: Robert D. Owen; Francis X. Nolan
- Law Firms: Eversheds Sutherland (US) LLP - New York Office; Eversheds Sutherland (US) LLP - New York Office
Washington Legal Foundation – Legal Backgrounder
Skyrocketing discovery costs call for a fundamental shift in how parties approach and pay for discovery. One effective and simplistic way to achieve this goal is to incorporate into the discovery rules a percentage-based “requestor pay” provision.In their article for the Washington Legal Foundation, Eversheds Sutherland attorneys Robert Owen and Francis Nolan first explain how litigation has reached the current tipping point, and then offer examples of recent attempts by the Advisory Committee on the Rules of Civil Procedure and the judiciary to push back against rising discovery costs. They conclude by offering a basic outline for a percentage-based requestor-pay rule, while also noting the advantages and hurdles attendant with such a proposal.