Investing in Private Evidence

28 Pages Posted: 5 Jun 2020

See all articles by Alice Guerra

Alice Guerra

University of Bologna - Department of Economics

Francesco Parisi

University of Minnesota - Law School; University of Bologna

Date Written: May 8, 2020

Abstract

Technological advances have changed our ability to acquire and save information, with far-reaching implications in legal discovery and evidence. In this paper, we analyze the interrelated effect of legal presumptions and discovery rules in incentivizing the voluntary adoption of private evidence technology. We show that, under any legal presumption, by making private evidence investments not discoverable, more evidence, rather than less, would be made available to courts, with a likely increase in the accuracy of adjudication. Alternative legal presumptions and asymmetries in role-probabilities affect the type of evidence technology likely to be adopted. We compare the legal presumptions and discovery rules adopted in the U.S. and Europe and consider which evidence regime is likely to foster greater investments in private evidence.

Keywords: legal presumptions, discovery rules, evidence technology, comparative law and economics

JEL Classification: K13, K32

Suggested Citation

Guerra, Alice and Parisi, Francesco, Investing in Private Evidence (May 8, 2020). Available at SSRN: https://ssrn.com/abstract=3596029 or http://dx.doi.org/10.2139/ssrn.3596029

Alice Guerra (Contact Author)

University of Bologna - Department of Economics ( email )

Bologna
Italy

Francesco Parisi

University of Minnesota - Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

University of Bologna ( email )

Piazza Scaravilli 1
40126 Bologna, fc 47100
Italy

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