Pretrial Discovery and the Adversary System [by] William A. Glaser. Foreword by Chief Justice Earl Warren.

Format:

Book

Author/Creator:

Glaser, William A.

Language:

English

Subjects (All):

Pre-trial procedure--United States.

Pre-trial procedure.

Discovery (Law)--United States.

Discovery (Law).

Physical Description:

1 online resource (317 p.)

Edition:

1st ed.

Manufacture:

Baltimore, Md. : Project MUSE, 2016

Place of Publication:

New York, Russell Sage Foundation, 1968.

Language Note:

English

Summary:

Presents the results of the first national field survey of how lawyers use pretrial discovery in practice.Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of.

Contents:

Contents ; Foreword, Chief Justice Earl Warren ; Acknowledgments ; Chapter 1. Perfecting the Administration of Justice ; Assumptions and aims of the adversary system ; Pathologies of the adversary system ; Reforms of the adversary system ; Aims of discovery ; A new approach to learning legal truth ; Chapter 2. Development of Modern Civil Litigation ; The modern reform movement ; The new civil procedure ; Chapter 3. Modern Pretrial Discovery Rules ; Sources of modern discovery ; Discovery in the federal rules ; Evaluations of discovery ; Chapter 4. Aims and Design of the Survey of Discovery

How the survey originated Design of the study ; National mail questionnaire ; Interview ; Ancillary work ; General significance of the discovery data ; Chapter 5. Discovery in Practice ; Determinants of discovery ; Purposes of discovery ; Purposes associated with discovery devices ; Variations in use by type of case ; Intensity of discovery work: time ; Intensity of discovery work: devices ; Conclusion ; Chapter 6. Gains from Discovery ; Information obtained by the litigants ; Discovery use patterns ; Benefits to the litigant ; Effects on agreement and settlement

Length of case and length of trial Quality of trial ; Confidence in the judicial process ; The accomplishments of discovery ; Chapter 7. Conflicts Over Discovery ; Complaints about the adversary's discovery ; A few special cases of conflict ; Work product ; Experts ; General attitudes toward scope ; Proposed changes in the rules ; ""Pushing"" by type of case ; Determinants of ""pushing"" ; Complaints about the adversary's resistance ; ""Tripping"" by type of cases ; Determinants of ""tripping"" ; Going to court ; Complaints about interrogatories ; Deterrence of trouble through sanctions

Deterrence of trouble through standardized procedures Conclusion ; Chapter 8. Costs ; Total costs of discovery ; Statistical oddities due to contingent fees ; General patterns of cost ; Some determinants of cost ; Type of case ; Expected recovery ; Total costs by both sides ; Discovery costs in the expensive cases ; Role of discovery in litigation costs ; Costs and gains ; Tactical use of discovery costs ; Harassment ; The oppression of small plaintiffs by large defendants ; Conclusion ; Chapter 9. The Heavy-Discovery Case ; Characteristics of the heavy-discovery case

Proportions of litigation time in discovery Trouble ; Gains ; Costs ; Conclusion ; Chapter 10. Contributions of Social Research to Rule-Making ; Confirming and specifying suspected trouble spots ; Identifying specific defects ; Sanctions ; Requests for admissions ; Deflating exaggerated issues ; Eliminating unnecessary procedures ; Identifying unrealistic rules ; Opinions of the Bar ; General considerations in designing social research for rule-making ; Conclusion ; Chapter 11. Discovery and Its Place in the Adversary System ; Trouble and the limits of rules ; Management of troublesome cases

Discovery in the average case

Notes:

Description based upon print version of record.

Bibliographical footnotes.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-61044-632-1

OCLC:

907642512