Discovery Containment Redux
Boston College Law Review, Vol. 39, 1998
Posted: 1 Feb 1999
Since the major revision of the Federal Rules regarding discovery in 1970, there has been relatively continuous unhappiness in some quarters about whether discovery is out of hand, and the Advisory Committee on Civil Rules is again looking at possible amendments to the discovery rules. Working in part from the Committee's own files on the last quarter century's efforts in the area, this article traces the evolution and effects of the discovery containment amendments adopted in 1980, 1983 and 1993. This review reveals both the considerable pressures brought to bear on the Committee and its generally cautious approach to making changes. Drawing on this experience, the article suggests a number of lessons that might inform future reform efforts.
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