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Litigation

Discovery

Law Faculty Publications

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Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz Jan 2007

Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz

Law Faculty Publications

In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with court-enforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This ...


Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz Jan 2002

Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz

Law Faculty Publications

In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly ...


Discovery In Virginia, William Hamilton Bryson Jan 1978

Discovery In Virginia, William Hamilton Bryson

Law Faculty Publications

As of the first of February, 1967, the entire field of discovery in Virginia has been radically changed from what it was before, and this has resulted in a great change in the method of modern litigation. On this date the substance of the federal rules of discovery was incorporated into the Virginia Rules of Court, Part Four.

This book will consider first those discovery devices which are most similar to pleadings and then those which were originally used for the presentation of evidence. Interrogatories were originally part of the pleadings in equity, and requests for admission are merely suggested ...