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Evidence

Michigan Law Review

1942

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Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff Oct 1942

Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff

Michigan Law Review

The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …