Civil Procedure, Co-Sponsored by Section on Litigation : Revisiting Discovery
Presenters were selected from a call for papers.
Since the Federal Rules of Civil Procedure were adopted in 1938, discovery has played a central role in the American litigation system. Indeed, for many years, pleading was considered of little importance compared to discovery. But as courts and commentators have focused on the costs of discovery, there have been multiple efforts-with varying degrees of success-to rein in discovery. One recent example has been the apparent tightening of pleading standards in Twombly, a tightening which the Court justified in part by nothing the high cost of discovery in complex antitrust actions. In light of Twombly and other developments, the time is right for a renewed focus on the relationship between discovery and other aspects of the litigation system, including pleading and summary judgment. The need for further consideration of the role of discovery in the litigation process as a whole led to our call for papers. The papers selected will be the foundation of our program.
Business Meeting at Program Conclusion.