Survey of the Literature on Discovery from 1970 to the Present: Expressed Dissatisfactions and Proposed Reforms |
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Page 9
... Commentators do not seriously question the notion that the basic framework of pretrial discovery is a desirable one , that Rule 1's goal of securing the " just , speedy , and inexpensive determination of every action " is served by a ...
... Commentators do not seriously question the notion that the basic framework of pretrial discovery is a desirable one , that Rule 1's goal of securing the " just , speedy , and inexpensive determination of every action " is served by a ...
Page 10
... frequently is so burdensome that employers often weigh the costs of preparing their responses 8 against the price of an early settlement . " Several commentators point to complex antitrust cases in which discovery produced hundreds -10-
... frequently is so burdensome that employers often weigh the costs of preparing their responses 8 against the price of an early settlement . " Several commentators point to complex antitrust cases in which discovery produced hundreds -10-
Page 11
... commentators argue that that level of discovery , motivated at times simply by a desire to delay resolution of the case or to force the other party to settle , may impede rather than secure the " just , speedy , and inexpensive ...
... commentators argue that that level of discovery , motivated at times simply by a desire to delay resolution of the case or to force the other party to settle , may impede rather than secure the " just , speedy , and inexpensive ...
Page 12
... commentators who argue Their that some modification in the rules is called for do not agree among themselves as to what changes would be appropriate . proposals , all discussed in the next section of this Report , range from narrowing ...
... commentators who argue Their that some modification in the rules is called for do not agree among themselves as to what changes would be appropriate . proposals , all discussed in the next section of this Report , range from narrowing ...
Page 13
... commentator , " Although the Federal Rules provide adequate sanctions against both the innocent and intentional failure to comply with discovery requests , ... judicial reluctance to employ these sanctions vigorously in the past has ...
... commentator , " Although the Federal Rules provide adequate sanctions against both the innocent and intentional failure to comply with discovery requests , ... judicial reluctance to employ these sanctions vigorously in the past has ...
Common terms and phrases
1970 Advisory Committee's 1970 Amendments 3400 Chestnut Street A.B.A. Special Committee Advisory Committee Report Advisory Committee's Notes American Bar Association anticipation of litigation Antitrust Appendix article discusses attorney author is identified Bar Association Chestnut Street 14 Civil Discovery Rules Civil Procedure contends covery current rules Daniel Segal University Dear Professor Segal deponent discovery abuse Discovery of Expert Discovery Sanctions district court documents examination expressing dissatisfaction failure Federal Discovery Rules Federal Judicial Center Federal Rules Graham Index interrogatories issue Journal judges Judicial Conference Law School 3400 lawyers letter rogatory materials Midwestern United motion non-stenographic North Carolina notice over-discovery party seeking discovery Pennsylvania Law School person plaintiffs practitioner pretrial discovery Professor Daniel Segal reasonable reform relevant Rule 26 Rule 37 rule's Rules of Civil School 3400 Chestnut scope of discovery Special Committee Report Street 14 Philadelphia subdivision subpoena suggests testimony trial University of Pennsylvania videotape
Popular passages
Page 8 - All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to...
Page 9 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...
Page 8 - Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign.
Page 14 - Rule 26(b)(l) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Page 11 - States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
Page 7 - The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
Page 11 - Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
Page 10 - ... so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions...
Page 10 - ... (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
Page 26 - ... mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.