INSTRUMENTS OF DISCOVERY UNDER FEDERAL RULES OF CIVIL PROCEDURE

Authors

Alexander Holtzoff, Special assistant to the United States Attorney General

Abstract

The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to any other party all pertinent data in his control, with the sole exception just mentioned. Broad and liberal discovery is one of the outstanding contributions to civil procedure made by the new federal rules. Flexible facilities are accorded for that purpose. A veritable arsenal of weapons for discovery is provided, from which a skilled lawyer may select those best suited for his purpose, just as an experienced golfer chooses the club which best fits his immediate needs.

Recommended Citation

Alexander Holtzoff, INSTRUMENTS OF DISCOVERY UNDER FEDERAL RULES OF CIVIL PROCEDURE, 41 Mich. L. Rev. 205 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss2/2