Pending discovery and expert evidence revisions.

• Jurisdiction: United States
• Date: 01 January 1999
• Author: Linder, Rex K.

IN AUGUST, the U.S. Judicial Conference Committee on the Federal Rules of Practice and Procedure circulated for public comment, several proposed amendments. Two areas of particular importance to the civil defense bar are Rule 26 concerning discovery and Rules 701,702 and 703, which involve expert evidence.

Necessity of discovery reform

As noted in the commentary that accompanies the proposed amendments, recent attempts at discovery reform have been largely unsuccessful. The Civil Justice Reform Act of 1991 and the mandatory disclosure rules enacted in 1993 have not reduced the cost of discovery nor the disputes that arise over the scope and appropriateness of information sought by litigants. It remains all-too-frequent a tactic for some attorneys to use the discovery process to harass an opponent or attempt to gain advantage with the judge by frequent motions portraying the opposition as stonewalling.

Although sequenced core discovery might be preferable, the proposed changes should be adopted. They narrow the...