Revising Rules of Procedure for Third-Party Litigation Funding
Washington and Lee University - School of Law
August 9, 2014
This article proposes revisions to the Federal Rules of Civil Procedure to address issues raised by the growing phenomenon of third-party litigation funding. The article proposes pragmatic revisions to the existing language of specific rules regarding disclosures, discovery, privileges, sanctions, and class actions to address cases involving third-party litigation funding. These revisions will provide courts with disclosure requirements and a framework for handling known issues as they arise, unless (or until) recurring procedural problems with respect to third-party litigation funding become so widespread that more extensive rule revisions – or even new rules – become necessary. By implementing these proposed revisions, judges, legislators, parties, and attorneys will be able to gain a better sense of the prevalence of third-party litigation funding and its effects (if any) on litigation procedure. Finally, given the length of the rules revision process, this article demonstrates that judges already have the tools that they need to begin addressing issues of third-party litigation funding within the current version of the Federal Rules of Civil Procedure.
Keywords: third-party litigation funding, litigation funding, litigation, procedure, federal rules of civil procedure
JEL Classification: k40, k41, k42, k49, k00, k10, k19, k13, k20, k29working papers series
Date posted: August 10, 2014
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