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- Title
Aligning Incentives and Cost Allocation in Discovery.
- Authors
Nash, Jonathan Remy; Shepherd, Joanna
- Abstract
The article focuses on rule requiring both parties to share the costs of discovery that would minimize many of the negative incentives. Topics discussed include proposals to revise Federal Rule of Civil Procedure 26 to incorporate cost allocation of discovery have sparked considerable controversy, requester-pays rule has the potential to create an access-to-justice problem and reduce litigation over cost allocation and encourage private bargaining.
- Subjects
UNITED States; DISCOVERY (Law); LEGAL costs; UNITED States. Supreme Court. Federal rules of civil procedure; COST allocation; ACCESS to justice
- Publication
Vanderbilt Law Review, 2018, Vol 71, Issue 6, p2015
- ISSN
0042-2533
- Publication type
Article