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Full-Text Articles in Law
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Kentucky Law Journal
No abstract provided.
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Kentucky Law Journal
No abstract provided.
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Kentucky Law Journal
No abstract provided.
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Law Faculty Scholarly Articles
Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …
Manageability Of Class Actions Under S. 3475: Congress Confronts The Policy Choices Revealed In Rule 23(B)(3) Litigation, James R. Lyons Jr.
Manageability Of Class Actions Under S. 3475: Congress Confronts The Policy Choices Revealed In Rule 23(B)(3) Litigation, James R. Lyons Jr.
Kentucky Law Journal
No abstract provided.
Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy
Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy
Kentucky Law Journal
No abstract provided.