Personal Injury Law

ACTL Releases Report on Discovery

By John A. Day

The American College of Trial Lawyers has released a report examining the role of discovery in the civil justice system.  Predictably, the report concludes that the system is in need of repair, but the proposed fixes are bound to create controversy. 

For example, here is one recommendation:  "Notice pleading should be replaced by fact-based pleading. Pleadings should set forth with particularity all of the material facts that are known to the pleading party to establish the pleading party's claims or affirmative defenses."

The report is relatively short and thought-provoking.  Grab it and a nice glass a Cabernet Sauvignon, sit is a comfortable chair with your feet up, and enjoy.

Full post as published by Day on Torts on March 24, 2009 (boomark / email).