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- Title
AN ANALYSIS OF DISCOVERY RULES.
- Authors
SOBEL, JOEL
- Abstract
The article examines discovery rules in relation to the pretrial disclosure of information. A model is presented in the article where incomplete details between litigants result to bargaining impasses. It also features a framework that determines the impact of legal rules on the result of the litigation process. It is concluded that if disclosure of information costs a lot, the defendant then tends not to voluntarily disclose information. On the other hand, mandatory discovery can reduce the possibility of trials thus benefiting plaintiffs but harming defendants.
- Subjects
DISCOVERY (Law); PRE-trial procedure; DISCLOSURE; LEGAL procedure; CIVIL procedure; TRIAL preparation
- Publication
Law & Contemporary Problems, 1989, Vol 52, Issue 1, p133
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191900