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Download Front Matter (565 KB)

Download Foreword and Preface (766 KB)

Download Table of Contents (661 KB)

Download I. Inadequacy of Pleading as Basis of Preparation for Trial (2088 KB)

Download II. Development of Discovery Procedure to Supplement Pleading (1849 KB)

Download III. Preservation of Testimony by Means of Discovery (1547 KB)

Download IV. Methods of Discovery in Different Jurisdictions (1077 KB)

Download V. Types of Actions in Which Discovery is Available (1549 KB)

Download VI. Respective Rights of Plaintiff and Defendant to Discovery (1281 KB)

Download VII. Person from Whom Discovery May Be Had (1986 KB)

Download VIII. Time of Discovery (1669 KB)

Download IX. Initiating Step in Obtaining Oral Examination for Discovery (1851 KB)

Download X. Place of Examination (1455 KB)

Download XI. General Conduct of Oral Examination (1510 KB)

Download XII. Examination by Written Interrogatories (1032 KB)

Download XIII. Deciding Objections and Compelling Answers upon Oral Examination (1643 KB)

Download XIV. Deciding Objections and Compelling Answers to Written Interrogatories (1667 KB)

Download XV. May a Party Be Required to Disclose Evidence of his Own Case? (2467 KB)

Download XVI. Application of Ordinary Rules of Evidence to Discovery Examinations (1729 KB)

Download XVII. Penalties for Unjust Refusal to Disclosure (1385 KB)

Download XVIII. Use at Trial of Record of Examination for Discovery (1893 KB)

Download XIX. Cost of Discovery Examination (1381 KB)

Download XX. Review of Rulings Made upon Discovery Examination (1507 KB)

Download XXI. Discovery and Inspection of Documents (1811 KB)

Download XXII. Examination of Property and Person (1613 KB)

Download XXIII. Procedure for Obtaining Admissions (2073 KB)

Download XXIV. Use of Discovery in Preparation of Trial Brief (1306 KB)

Download XXV. Use of Discovery in Summary Judgment Practice (2125 KB)

Download XXVI. Judicial Control of Pre-Trial Practice (2178 KB)

Download XXVII. Advantages in Combining Discovery with Preservation of Testimony (786 KB)

Download XXVIII. Legislative Basis for an Adequate Discovery Procedure (1074 KB)

Download XXIX. Contribution of Discovery to the General Administration of Justice (1907 KB)

Download Appendix (3520 KB)

Download Index (1260 KB)


The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following fourteen jurisdictions for the purpose of ascertaining the experience of the profession with each type of device which is being used: Indiana, Kansas, Kentucky, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Ontario, Quebec, Texas, and Wisconsin. Interviews were sought with representative judges, lawyers, and where there were such, officials in charge of discovery examinations. Other means employed in obtaining information included the study of trial court records of examinations for discovery, observation of actual examinations and· correspondence with lawyers in states other than those in which field investigations were made.

Publication Date



Callaghan and Company




Discovery, Trials, Pleadings, Common law, Testimony, Pre-trial, Jurisdictions, Witnesses, Examinations, Records, Interrogatories, Disclosure, Documents, Equity pleading and procedure


Civil Procedure | Evidence | Legal Profession | Legal Writing and Research


Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.

Discovery before Trial