Discovery Containment Redux

Boston College Law Review, Vol. 39, 1998

Posted: 1 Feb 1999  

Richard Marcus

University of California Hastings College of the Law


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.

Suggested Citation

Marcus, Richard, Discovery Containment Redux. Boston College Law Review, Vol. 39, 1998. Available at SSRN:

Richard Marcus (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-565-4829 (Phone)
415-565-4865 (Fax)

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