Download or read book Discovery Problems in Civil Cases written by Joseph L. Ebersole and published by . This book was released on 1980 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery Problems in Civil Cases written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2016-12-31 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the 1970s. 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. These concerns prompted our study. Although preliminary planning for research projects on discovery had started in 1975, the strongest impetus for Federal Judicial Center research was the so-called Pound Revisited Conference of 1976, at which discovery was highlighted as a particularly serious cost problem. By the summer of 1978, published Center research concerning discovery included a statistically based study of cases in six districts and a study that surveyed and analyzed all critical literature on the federal discovery rules published since January 1970 (the year of the last major revision of the federal discovery rules). The instant project is one of the Center 's continuing studies of the operation of discovery. The Center's first discovery report was--as noted above--a statistical study. Although statistics provide information that illuminates or defines problems, some questions are. more usefully addressed through case studies. The present study involves such questions.
Download or read book Discovery Problems and Their Solutions written by Paul W. Grimm and published by American Bar Association. This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Download or read book Discovery Problems in Civil Cases written by Joseph L. Ebersole and published by . This book was released on 1983-11-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery and Disclosure Practice Problems and Proposals for Change written by and published by . This book was released on 1997 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[Report presented at]...Boston College symposium sponsored by the Committee on September 4-5, 1997"-- p. v.
Download or read book CIVIL LITIGATION written by CRAIG M.. PAULSEN ROEN (SHARON REICH.) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery and Disclosure Practice Problems and Proposals for Change written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2016-12-31 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Center prepared this report at the request of the Advisory Committee on Civil Rules to provide an empirical context for the Committee's consideration of the need for change in the discovery rules. Based on responses from nearly 1,200 attorneys nationwide, the report provides a timely assessment of the effects of the 1993 amendments to the discovery rules, including initial disclosure. It also provides information about discovery costs in the context of the overall costs of civil litigation, about problems experienced by attorneys in a sample of recently terminated cases, and about attorneys' preferences for rule revisions and other changes that might improve discovery.
Download or read book Pretrial Discovery and the Adversary System written by William A. Glaser and published by Russell Sage Foundation. This book was released on 1968-12-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.
Download or read book Discovery and Disclosure Practice Problems and Proposals for Change A Case based National Survey of Counsel in Closed Federal Civil Cases 1997 written by and published by . This book was released on 1998* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal and Economic Implications of Electronic Discovery written by James N. Dertouzos and published by Rand Corporation. This book was released on 2008-03-24 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.
Download or read book Cases and Materials on Discovery Practice in the Federal Courts written by Steve Donweber and published by Createspace Independent Publishing Platform. This book was released on 2016-06-11 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37. (From the Introduction ...)
Download or read book Civil Procedure written by Allan Ides and published by Aspen Publishing. This book was released on 2016-02-29 with total page 1480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure: Cases and Problems, Fifth Edition covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). The casebook is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials.
Download or read book The Problem of Discovery in Criminal Cases written by Joint Committee on Continuing Legal Education (U.S.) and published by . This book was released on 1961 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Procedure written by Barbara Allen Babcock and published by Aspen Publishing. This book was released on 2021-04-28 with total page 1470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure: Cases and Problems, Seventh Edition by Barbara Allen Babcock, Toni M. Massaro, Norman W. Spaulding, and new co-author Myriam Gilles (the #5 most cited civil procedure scholar in the country) is the ideal casebook for the modern Civil Procedure course. With lightly-edited cases, both canonical and contemporary, and engaging hypothetical problems, the Seventh Edition of Civil Procedure: Cases and Problems promotes student understanding of modern procedure, the adversary system and alternatives, the relationship between substance and procedure, and systemic problems in access to justice. This casebook pioneered the “due process approach” to the study of procedure and is designed to create an inclusive learning environment, emphasizing the formative role of public interest litigation in modern procedural law and the voices of women and people of color in shaping the field in both practice and scholarship. It is the only major casebook on the market written by co-authors who together have received more than a dozen awards for excellence in teaching. New to the Seventh Edition: Shorter notes and materials after principal cases Updated cases and materials on personal and subject matter jurisdiction, plausibility pleading, affirmative defenses, the new proportionality requirement in discovery, and more Revised and expanded treatment of arbitration and ADR Revised and expanded treatment of MDL Revised and streamlined treatment of class action doctrine Revised and streamlined treatment of preclusion Professors and students will benefit from: Lightly-edited cases paired with thoughtful notes and questions. Concise examination of scholarship and empirical data bearing on various procedural rules Close attention to the underlying social and economic contexts in which the rules function with emphasis on the consequences for vulnerable populations Meaningful discussion of oft-marginalized topics, including: Alternative Dispute Resolution, Discovery (including e-discovery), Aggregate Litigation, Remedies, Adversary Ethics, and Trial Practice. Hypothetical problems presented in each chapter and revisited in later chapters to support in-class exercises and awareness of how phases of litigation influence each other. A casebook designed to create an inclusive classroom experience
Download or read book Effective Discovery written by Peter T. Hoffman and published by Aspen Publishing. This book was released on 2017-05-24 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective Discovery: Techniques and Strategies That Work is a comprehensive practical guide to "paper" discovery and related undertakings—discovery conferences, plans, reports, and orders; disclosures; interrogatories; requests for production; physical and mental exams; requests for admission; electronic discovery; motions; and subpoenas. This informative and eminently readable text takes litigators through the stages of discovery, addressing: discover objectives, planning, strategies, ethics, and rules; when and how to use discovery devices alone and in combination; how to assess which discovery devices will work best in your circumstances; how to draft discovery designed to get needed information; how to respond when the other side is evading—or refusing—your discovery; proportionality—assessing when enough is enough, too much, or not nearly enough; what judges want and don’t want—and the Laws of Unintended Consequences and What Goes Around, Comes Around. The book is a companion to NITA’s best-selling The Effective Deposition. Together, the two volumes provide an in-depth guide to discovery in all its forms.
Download or read book Electronic Discovery written by Adam I. Cohen and published by Wolters Kluwer. This book was released on 2011-12-19 with total page 1846 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.
Download or read book Criminal Discovery written by Cosmas Moisidis and published by Institute of Criminology. This book was released on 2008 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
