Shifting Costs in American Discovery: A Critical Appraisal
Document Type
Article
Publication Date
2021
Publication Information
14 Erasmus L. Rev. 246 (2021).
Abstract
This article examines proposals to reduce the cost of American discovery. It focuses on recent proposals and rules amendments to shift the entire cost of discovery to the party requesting discovery and then examines the idea of mandatorily shifting discovery costs in all cases. The article identifies a number of potential flaws with mandatory cost shifting. It then evaluates several proposals that might achieve the same end with fewer side effects, finding that two of them deserve consideration and, ideally, real-world experimentation.
Recommended Citation
Jay Tidmarsh,
Shifting Costs in American Discovery: A Critical Appraisal,
14 Erasmus L. Rev. 246 (2021)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1783