Discovery Abuse

Research & Studies

• The Centre Cannot Hold: The Need for Effective Reform of the U.S. Civil Discovery Process
  Institute for Legal Reform  |  May 13, 2010
  
  This paper examines the escalating crisis in the U.S. civil discovery system and how it can be remedied. Part I discusses the origins and development of civil discovery in the U.S., which sowed the seeds of the current crisis. Part II discusses how electronic discovery has led to increased abuses of the discovery system. Part III discusses prior efforts to reform civil discovery in the U.S. and why they have been largely ineffective. And Part IV discusses potential remedies to the problem, taking particular note of the relative merits of the approaches being adopted in various states, as well as reforms suggested by practitioners, such as the American College of Trial Lawyers.
• The Emerging Challenge of Electronic Discovery: Strategies for American Businesses
  Institute for the Advancement of the American Legal System  |  July 21, 2008
  
  
• Electronic Discovery: A View from the Front Lines
  Institute for the Advancement of the American Legal System  |  July 21, 2008
  
  
• 'Sunshine' Should Not Trump Privacy in Civil Litigation
  The Heritage Foundation  |  May 15, 2008
  
  
• The New Electronic Discovery Rules: A Place for Employee Privacy?
  Yale Law Journal  |  April 8, 2006
  
  
• Rule 26 and Other Amendments to the Federal Rules of Civil Procedure: New Challenges for Litigation Readiness
  Iron Mountain  |  March 9, 2006
  
  
• Reducing The Cost of Civil Litigation: Discovery Reform
  Peggy E. Bruggman  |  April 7, 2005
  
  
• ILR/Lawyers for Civil Justice Comments on E-Discovery
  Institute for Legal Reform  |  February 15, 2005
  
  
• Negotiating the Minefield of Electronic Discovery
  Richmond Journal of Law & Technology, Vol. X, Issue 5  |  April 7, 2004
  
  
• A Qualitative Study of Issues Raised By the Discovery of Computer-Based Information in Civil Litigation
  Federal Judicial Center  |  September 13, 2002