Discovery

Discovery

Abuse of the discovery process in litigation can delay justice and add to the costs of litigation for all parties involved.

Issuing overly broad or excessive discovery requests is a tactic frequently used in litigation to wear down an adversary -– requiring extensive research and document production to respond to discovery, taking needed resources away from other activities, increasing legal costs, and extending the length of the litigation.

Issues/Research: Discovery

The Centre Cannot Hold: The Need for Effective Reform of the U.S. Civil Discovery Process

This paper examines the escalating crisis in the U.S. civil discovery system and how it can be remedied. Part I discusses the origins and development of civil discovery in the U.S., which sowed the seeds of the current crisis. Part II discusses how electronic discovery has led to increased abuses of the discovery system. Part III discusses prior efforts to reform civil discovery in the U.S. and why they have been largely ineffective. And Part IV discusses potential remedies to the problem, taking particular note of the relative merits of the approaches being adopted in various states, as well as reforms suggested by practitioners, such as the American College of Trial Lawyers. LEARN MORE »

Source: Institute for Legal Reform
Released: May 13, 2010

The Centre Cannot Hold: The Need for Effective Reform of the U.S. Civil Discovery Process

Watch Now

John Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom LLP, discusses his paper "The Centre Cannot Hold," which examines the escalating crisis in the U.S. civil discovery system and how it can be remedied.

Source: Institute for Legal Reform
Released: May 13, 2010