LAW 607 Lecture Notes - Lecture 43: Punitive Damages, Trade Secret, Chemical Formula
1 Jun 2020
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Discovery: increased emphasis on discovery: pleading and discovery work in concert. Parties usually must disclose only a few basic facts in the pleadings. Discovery allows parties to learn more about the other party"s claims or defenses: mandatory disclosures: traditionally, discovery reflected the adversarial nature of litigation. A party had to ask for information to obtain it. Today, the federal rules, and the rules of some states, also require parties to disclose certain basic information without a request from the other side. Parties must disclose information at the beginning of the case and again on the eve of trial: discovery methods: once the initial mandatory disclosure is complete, parties may obtain information through various discovery methods. Each method has advantages and disadvantages: broad scope: to help discovery achieve its aims, the rules place very few limits on what parties can discover.
