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SURVEY OF THE LITERATURE ON DISCOVERY FROM 1970 TO

THE PRESENT:

EXPRESSED DISSATISFACTIONS AND

PROPOSED REFORMS

Daniel Segal
University of Pennsylvania

Law School
34 th and Chestnut Sts.
Philadelphia, Pa. 19104
July 31, 1978

FJc-R-78-5

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Eight years have passed since the last major revision of

the discovery provisions of the Federal Rules of Civil Procedure. During those years there has been a substantial amount of writing on the discovery rules. 2 While much of it has been aimed at

helping practitioners understand the rules, a large portion has

been critical in nature, examining how well the rules are functioning, isolating their problem areas and making suggestions

for reform.

It was the purpose of the study on which this Report

is based to survey and analyze that critical literature.

The Report's first section sets out in detail the scope

and methodology of the study.

The second section identifies

two common threads which emerge from the literature as a whole.

The third section consists of a rule-by-rule analysis of the

dissatisfactions expressed with the discovery provisions and of

reforms proposed for those provisions.

A final section briefly

summarizes the study's findings and conclusions.

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