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Discovery (From CPR Legal Program Proceedings, P 70-79, 1984 See NCJ-96994)

NCJ Number
96998
Date Published
1984
Length
10 pages
Annotation
Discovery models for complex litigation are presented, and proposals for improving the management and reducing the costs of discovery in complex cases are examined.
Abstract
The 'Manual for Complex Litigation,' which approaches discovery as a three-stage process and presents models based on that process, is reviewed. Further, a proposal emphasizing judicial control, with the goal of truncating discovery and disposing of cases quickly, is considered; the proposal suggests that judges review claims and set an abbreviated period for truncated discovery at the Rule 16 cases, thereby enabling parties to develop some familiarity with the cases. The proposal is consistent with the new amendments to the Rules of Civil Procedure, makes use of effective alternative dispute resolution (ADR) techniques, and recognizes a party's need for information prior to effective ADR. Additionally, the use of a neutral third party in discovery is advocated as a means of assisting judges to manage discovery. The creation of panels of neutrals is suggested to allow litigants to select a panelist to supervise the discovery process. Advantages of using a neutral are cited, and several problems that might result are considered. Finally, the role of inhouse counsel in discovery proceedings is addressed; inhouse counsel is indicated to be responsible for collecting and organizing documents for document production as well as for the actual production. The relationship between inside counsel and outside counsel is also explored.

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