Discovery Problems in Civil Cases

Book Description
The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases have been controversial issues since the concept of notice pleading was introduced. The modern role of discovery, effectuated in the 1938 Federal Rules of Civil Procedure, continues to draw detractors and supporters. Surprisingly, there is little difference between the arguments of the 1930s and those of today. Nevertheless, these arguments have taken on new dimensions in recent years because of the increasing costs of litigation and the fact that discovery accounts for a substantial portion of the costs of civil litigation. This study on the nature and extent of discovery abuse was prepared by the Federal Judicial Center, the research, development, and training arm of the federal judicial system.


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The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases have been controversial issues since the concept of notice pleading was introduced. The modern role of discovery, effectuated in the 1938 Federal Rules of Civil Procedure, continues to draw detractors and supporters. Surprisingly, there is little difference between the arguments of the 1930s and those of today. Nevertheless, these arguments have taken on new dimensions in recent years because of the increasing costs of litigation and the fact that discovery accounts for a substantial portion of the costs of civil litigation. This study on the nature and extent of discovery abuse was prepared by the Federal Judicial Center, the research, development, and training arm of the federal judicial system.


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