Discovery Proceedings Under The Federal Rules

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Discovery Proceedings In Federal Court

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Author :
language : en
Publisher:
Release Date : 1995

Discovery Proceedings In Federal Court written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Discovery (Law) categories.

Discovery Proceedings Under The Federal Rules

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Author : James Alexander Fowler
language : en
Publisher:
Release Date : 1955

Discovery Proceedings Under The Federal Rules written by James Alexander Fowler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with Discovery (Law) categories.

Discovery Of Work Product Under The Federal Rules Of Civil Procedure

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Author : Arthur Birmingham LaFrance
language : en
Publisher:
Release Date : 1963

Discovery Of Work Product Under The Federal Rules Of Civil Procedure written by Arthur Birmingham LaFrance and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Discovery categories.

The Discovery Revolution

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Author : George L. Paul
language : en
Publisher: American Bar Association
Release Date : 2006

The Discovery Revolution written by George L. Paul and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

This book focuses on the e-discovery amendments to the Federal Rules of Civil Procedure, which were approved by the Standing Committee on Rules of Practice and Procedure and were approved by the Judicial Conference in September 2005.

Discovery Under Federal Rules

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Author : Albert Ellis Radinsky
language : en
Publisher:
Release Date : 1953

Discovery Under Federal Rules written by Albert Ellis Radinsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with Discovery (Law) categories.

Preliminary Draft Of Proposed Amendments To The Federal Rules Of Civil Procedure

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Author : Judicial Conference of the United States. Committee on Rules of Practice and Procedure
language : en
Publisher:
Release Date : 1978

Preliminary Draft Of Proposed Amendments To The Federal Rules Of Civil Procedure written by Judicial Conference of the United States. Committee on Rules of Practice and Procedure and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Civil procedure categories.

Shepard S Discovery Proceedings In Federal Practice

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Author :
language : en
Publisher: McGraw-Hill Companies
Release Date : 1983

Shepard S Discovery Proceedings In Federal Practice written by and has been published by McGraw-Hill Companies this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.

This guidebook to federal discovery rules & their applications in federal practice provides quick practice points, a discussion of function & scope of discovery, & an analysis of discovery procedure. Extensive coverage of local rule provisions for each federal district court is included in the work.

Cases And Materials On Discovery Practice In The Federal Courts

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Author : Steve Donweber
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2016-06-11

Cases And Materials On Discovery Practice In The Federal Courts written by Steve Donweber and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-11 with categories.

This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37. (From the Introduction ...)

Globalization Of Discovery

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Author : Lucas V.M. Bento
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-21

Globalization Of Discovery written by Lucas V.M. Bento and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-21 with Law categories.

Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.

Four Discovery Procedures Under The Federal Rules Of Civil Procedure

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Author : Max F. Deutz
language : en
Publisher:
Release Date : 1961

Four Discovery Procedures Under The Federal Rules Of Civil Procedure written by Max F. Deutz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Civil procedure categories.