Reflections From an Outlier: An American Reaction to The EU Rules on Evidence

Abstract

The ELI/UNIDROIT proposal for EU Rules of Civil Procedure is an ambitious and remarkable accomplishment. Focusing on Part VII of that project -- on 'Access to Information and Evidence' -- illustrates two key differences between American principles and the aspirations of the framers of the EU Rules proposal. These are (a) the very different role of the judge in resolving factual disputes, and, which must be left to the jury in the US, (b) the handling of access to evidence, which Americans call discovery.

JEL Classification: K49