Author Description

Both English and American law provide a measure of discovery for civil cases. In this book, the author brings to bear empirical evidence and legal theory in a critical comparison of English and American discovery, and analyzes and evaluates the differences between the two systems. With the goal that legal systems should operate as justly, speedily, and inexpensively as possible, the book guages whether the present English and American discovery law goes too far or not far enough, and proposes reforms for both countries. It also offers assistance to practitioners of discovery. For example, the book shows how requests for admissions can be used innovatively, especially when interrogatories are not available, how a party whose property is being inspected should participate in the inspection, and how discovery can be employed to narrow the issues for trial.