Federal Pleading and State Presuit Discovery
University of California Hastings College of the Law
March 10, 2010
14 Lewis & Clark Law Review 43 (2010)
William & Mary Law School Research Paper No. 09-44
This Symposium Article explores the role that state presuit discovery could play in rectifying the information imbalance caused by Twombly and Iqbal. Several states allow presuit discovery in state courts. The Article explores the utility and limitations of using these state presuit discovery mechanisms in state court to gain access to information that plaintiffs need to survive a federal motion to dismiss under Twombly and Iqbal.
Number of Pages in PDF File: 23
Keywords: presuit, pre-suit, pre-complaint, pre-filing, rule 27, Twombly, Iqbal, pleading
Date posted: March 11, 2010 ; Last revised: November 12, 2012
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