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Discovery & Disclosure

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April 6, 2017
Dawn Bergin, Mark Brain, John Rea, David G. Campbell, David B. Rosenbaum, Patrick J. McGroder

Judge David Campbell (D. Ariz.) chairs a panel discussion that includes three Arizona state judges and two attorneys practicing in Arizona state courts. The experts in Arizona state court civil litigation discuss the effect of discovery rules like the pilot project rules in Arizona state court litigation. Panelists observe that the idea is to get both good and bad facts on the table early in the case so that lawyers can promptly litigate the case.

March 28, 2017
Timothy T. Lau, Emery G. Lee

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

January 29, 2016
Paul W. Grimm

Judge Paul W. Grimm, District of Maryland, developed the attached PowerPoint presentation describing the 2015 amendments to the Federal Rules of Civil Procedure. The amendments reformed discovery rules to maximize efficiency, including cost containment, and were not intended to deprive parties in civil litigation of proof or defense.

Additional information is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Downloadable files:
December 2, 2015
Timothy P. Harkness, Rahim Moloo, Patrick Oh, Charline Yim

At an increasing rate, U.S. courts are hearing cases in which parties seek evidence located abroad or parties to a foreign or international proceeding seek evidence located in the United States. International discovery issues pose difficult and complex challenges, at both the procedural and substantive levels. This guide seeks to address these issues by providing a practical overview of cross-border discovery questions that commonly arise in civil cases before federal courts.

Downloadable file:
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December 1, 2015
David G. Campbell

Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced.

November 25, 2015
Sean Broderick, Donna Lee Elm, Andrew D. Goldsmith, John Haried, Kiran Raj

This pocket guide was developed to help judges manage complex e-discovery in federal criminal cases. The advantages of electronically stored information (ESI, or e-discovery) include speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. This guide helps judges to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence. 

Downloadable file:
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October 1, 2015
Emery G. Lee, Jason A. Cantone

A brief report on case-processing times, case outcomes, and motions practice in employment discrimination cases included in a pattern discovery pilot, compared with a nationwide random sample of similar cases. The report finds that case-processing times did not differ between the pilot and comparison cases, but that motions practice was greater in the comparison cases.

Downloadable file:
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October 8, 2014
Martin A. Schwartz

Section 1983 Litigation (Third Edition) analyzes the large number of recurring issues that arise in litigation under 42 U.S.C. § 1983. This monograph contains new sections on discovery, Bivens claims, new material on stops and searches, and model jury instructions. It includes case law from the October 2013 Supreme Court term ending June 30, 2014, and major courts of appeals and select district court decisions reported through June 30, 2014.

Out-of-print September 2016; no future editions of this title are currently planned.

Downloadable file:
PDF icon Download 402 pages
September 20, 2013

A clearinghouse for information on the coordination and management of related cases that are pending simultaneously in both state and federal courts. The website provides useful tips for initiating contact with judges in other jurisdictions regarding related cases, for coordinating discovery across jurisdictional lines, and for managing attorney disputes. It also includes links to a large number of model orders on these and other subjects. This internet site is a joint project by the National Center for State Courts, the U.S.

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