Year: 1983
Type: article
Abstract: Judges and commentators have roundly condemned the current "boom" in federal civil litigation and the attendant "crisis" in discovery.IThese developments threaten to undermine the central goal of the Federal Rules of Civil Procedure articulated in rule 1---"to secure the just, speedy, and inexpensive determination of every action."' 2 In 1979, the Supreme Court observed that "the discovery provisions. . .are subject to the injunction of Rule 1." 3 Further invoking rule 1 concerns, the Court recently declared general deterrence a legitimate objective for discovery sanctions.4 In the same vein, lower courts and litigants have come to rely on protective orders that limit the disclosure of information obtained through discovery to speed up the discovery process and minimize discovery disputes.Particularly in complex litigation, these orders have become an accepted part of the civil litigation landscape.Under rule 26(c), a court may, on the motion of any party or person being deposed, enter a protective order to "protect a party or person from annoyance, embarrassment, oppression, or undue burden of ex-*
Source: bepress Legal Repository
Author: Richard L. Marcus
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W253794781