THE 1986 DISCOVERY ACT—Is It Working?
Comment Magazine - Assoc. of Defense Counsel of No. Cal., Fall 2007

July 1, 2007 marked the 20th anniversary of the effective date of the 1986 Discovery Act ("Act"). The Act was intended to codify then-current case law and statutes as well as curb perceived abuses in the discovery process.

This legislation dramatically changed the practice of law in the civil arena. In the last two decades, discovery has assumed increasing importance in litigation and with that importance came sky rocketing costs. Lawyers and judges now dread wading into the morass of pre-trial discovery. With 20 years of experience with the Act under our belts, I ask the question: Is the 1986 Discovery Act working or does it need another overhaul?

The 1986 Civil Discovery Act is an amazing piece of legislation -- it giveth and taketh. Although it is self-executing, it depends on the professionalism and ethics of counsel. It allows for liberal exchange of information, but there are restrictions to curb abuse. It's got teeth, but the courts must affirmatively exercise their power to for the Act's sanctions to be effective.

• Read full article (pdf)

• "The 1986 Discovery Act—Is it Working?"
  
• "There's This Case That Says . . . Depositions"
  
• "The Codes—They are a Changin' "
  
• "Oops!!! Now what do I do?"
  
• "I Have This Great Doctor You Gotta See"
  
• "Do You Have All Your Ducks (Experts) in a Row?"
  
• "Why Aren't You Using Requests for Admissions?"
  
• "Let the Other Guy Do the Work… Which Parts of Litigation-Related Investigation Are Not Protected from Disclosure?"
  
• "Five of the Most Annoying Discovery Objections by Opposing Counsel and the Rulings That Are Sure to Follow"