NCJ Number
93745
Journal
Justice System Journal Volume: 8 Issue: 3 Dated: (Winter 1983) Pages: 325-337
Date Published
1983
Length
13 pages
Annotation
Discovery activities in civil cases have long been the subject of concern among judges, attorneys, and policymakers because they significantly affect the pace and cost of litigation.
Abstract
Although the opportunity for discovery is essential to trial preparation, some attorneys abuse this situation by making unwarranted requests or engaging in deliberate resistance. One of the solutions offered to deter such behavior is a rule that awards attorney's fees to the prevailing party on a discovery motion. This article is an exploratory study of the application of such a rule in Maricopa County (Arizona) Superior Court, a trial court of general jurisdiction. We found that although requests for costs are not routine and vary according to type of motion, costs are awarded in a sizable proportion of the instances in which they are sought by the moving parties. Awards, however, tend to be in modest amounts. In addition, interviews with judges and attorneys disclose they are by and large satisfied with the existing application of the rule, believing that cost-shifting is generally appropriate only in circumstances of deliberate misconduct. (Publisher abstract)