"Survey of Literature on Discovery From 1970 to the Present: Expressed " by Daniel Segal
 

Identifier

FJC-03

Contributor

Michael S. Ariens

Size or Duration

211 pages

Digital Publisher

Digital Commons at St. Mary's University

Document Type

Article

Publication Date

7-31-1978

Collection

Ethics Collection

Format

PDF

Description

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. 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.

Date accessioned

March 2025

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