NCJ Number
158258
Journal
ABA Journal Volume: 81 Dated: (October 1995) Pages: 76-79
Date Published
1995
Length
4 pages
Annotation
This article discusses the impact of Federal Rule of Civil Procedure 26(a)(1) that forces parties to disclose relevant documents at the outset of litigation.
Abstract
A recent report showed that 28 of 112 Federal district courts have rejected mandatory disclosure outright, while 21 provide for it under a different basis than the Federal rule. Opponents of mandatory disclosure believe it is an expensive procedure that raises unnecessary ethical issues in litigation and stifles the adversarial nature of the court system. Another objection to mandatory disclosure relates to the fragmentation of practice among Federal courts. A plaintiff with a choice could consider discovery policies when choosing where to file a lawsuit. However, supporters maintain that the new law will force the rule-making process to become uniform once again and that lawyers will have to adapt to the procedural changes for the sake of their clients and the economics of law practice.