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Changing the Rules of Discovery-- Podcast
The Federalist Society, Litigation Practice Group (August 19, 2016)
  • A. Benjamin Spencer
  • Alexander R. Dahl
Abstract

A “requester pays” amendment to the Federal Rules of Civil Procedure (FRCP) would require that those seeking discovery pay for its costs, moving federal civil litigation away from the current “American rule” that requires all parties to bear their own litigation expenses, including the costs of responding to discovery requests. Supporters of “requester pays” argue that discovery requests can be so broad and costs can be so high that they become a disincentive to defend. Opponents claim that the amendment would make legal proceedings even more expensive for individual litigants, who would be unable to pay for the discovery necessary to make a case against larger and more powerful defendants. Here to discuss this idea are Alex Dahl of Brownstein Hyatt Farber Schreck LLP and Professor Benjamin Spencer of UVA School of Law.

Document Type
Podcast
Publication Date
8-19-2016
Disciplines
Citation Information
A. Benjamin Spencer and Alexander R. Dahl. "Changing the Rules of Discovery-- Podcast" The Federalist Society, Litigation Practice Group (August 19, 2016) (2016)
Available at: http://works.bepress.com/a-benjamin-spencer/53/