Survey of the Literature on Discovery from 1970 to the Present: Expressed Dissatisfactions and Proposed Reforms |
From inside the book
Results 1-5 of 30
Page 10
... deal more effectively 6 with problems of abuse , much of the post - 1969 literature argues that , as they have actually functioned , the rules have provided inadequate abuse protection . The abuse focused on by the literature is ...
... deal more effectively 6 with problems of abuse , much of the post - 1969 literature argues that , as they have actually functioned , the rules have provided inadequate abuse protection . The abuse focused on by the literature is ...
Page 11
... deal with problems of " over - discovery . The agreement in the materials that there is a problem of " over - discovery " is not , it should be noted , matched by agreement as to what should be done about the problem . Some commentators ...
... deal with problems of " over - discovery . The agreement in the materials that there is a problem of " over - discovery " is not , it should be noted , matched by agreement as to what should be done about the problem . Some commentators ...
Page 12
... deal with the problem of discovery " avoidance " have focused on the sanction provisions of Rule 37 . Some writers point to gaps in coverage which remained even after the 1970 revisions of Rule 37.16 Other materials in the -12-
... deal with the problem of discovery " avoidance " have focused on the sanction provisions of Rule 37 . Some writers point to gaps in coverage which remained even after the 1970 revisions of Rule 37.16 Other materials in the -12-
Page 15
... deal with what is perceived as an unduly broad general scope of discovery , four potential approaches emerge from the literature . First , Judge Rifkind suggests that it might be desirable to require that a litigant make a showing of ...
... deal with what is perceived as an unduly broad general scope of discovery , four potential approaches emerge from the literature . First , Judge Rifkind suggests that it might be desirable to require that a litigant make a showing of ...
Page 16
... deals neither with the problem of excessive discovery by defendants nor with the issue of how to limit the scope of discovery by those plaintiffs able to surmount his " probable merit " barrier . A second proposal for limiting the ...
... deals neither with the problem of excessive discovery by defendants nor with the issue of how to limit the scope of discovery by those plaintiffs able to surmount his " probable merit " barrier . A second proposal for limiting the ...
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.