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The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.

The …

The Work-Product Doctrine: Protection, Not Privilege, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Although the work-product doctrine has received considerable attention before the courts in recent years, several issues regarding the scope and applicability of the doctrine remain controversial As a prelude to explaining the state of the law on these issues, the author examines the case law through which the doctrine developed and explores the doctrine's modern application through rule 26 of the Federal Rules of Civil Procedure. He next discusses the rule's various requirements and its treatment ofparticular categories of information including opinion work product andparty statements. Finally, Professor Cohn explains how the rule's protection may be waived and discusses the …

Federal Discovery: A Survey Of Local Rules And Practices In View Of Proposed Changes To The Federal Rules, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Traditionally, except for the limited role played by pleadings and bills of particulars, the attorney in a law court did not disclose evidentiary matters until trial. "A judicial proceeding was a battle of wits rather than a search for the truth,"' and thus, each side was protected to a large extent against disclosure of his case until counsel chose to disclose it at trial. This philosophy changed some forty years ago with the introduction of discovery in the Federal Rules of Civil Procedure. In the words of Mr. Justice Murphy, the discovery rules meant that "civil trials in the federal …