The Federal Discovery Practice Should Be Adopted by All States

Van Cise, Philip S.

Journal: Washington Law Review

Volume: 24

First Page: 21

Year: 1949

Bluebook Citation: 24 WASH. L. REV. 21 (1949)

Author: Philip S. Van Cise: all 23 publications


Abstract

In September, 1938 new rules of procedure were adopted in the federal courts. Since then many of the states have abandoned their old codes and in the main followed the new federal procedure. If the only advantages were that lawyers, in the states which have adopted the new rules, can practice confidently in both courts, that would be sufficient justification for the change. But when we add to that the results that pleadings have been simplified, motion days largely dispensed with, trial dates expedited, facts laid on the table and not concealed until trial, contested cases shortened, and a large percentage of settlements made before trial, we have a success which is revolutionary.

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