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Foreword: In Defense of Discovery Reform

Winter, Ralph
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Faculty Scholarship Series
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Discovery_Reform.pdf
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Abstract
In private conversations with lawyers and judges, I find precious few ready to argue that pretrial discovery involves less than considerable to enormous waste. Yet, the reaction to recently proposed amendments to the Federal Rules of Civil Procedure suggests that even amendments best characterized as trivial or incremental may encounter enormous resistance. Before examining the sources of this resistance to change, I will describe the principal proposals for reform, the reasons for their adoption by the Advisory Committee on Civil Rules, the criticism they received, and the Committee's response.
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http://hdl.handle.net/20.500.13051/1328