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Curb Out-of-Control Discovery, Report by Trial Lawyers Group Recommends

Posted Mar 11, 2009 11:17 AM CST
By Martha Neil

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Out-of-control discovery in civil cases can be so expensive that it prevents parties from litigating legitimate disputes, a joint report (PDF) by two legal organizations says.

Prepared by the American College of Trial Lawyers task force and the Denver-based Institute for the Advancement of the American Legal System, it calls for discovery rules to be revised to comport with the age of e-mail and computerized documents, reports the Associated Press.

In addition to limiting discovery, the state and federal court systems should also assign a single judge to handle each case from start to finish and give judges the power to order mediation, when appropriate, the report recommends.

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