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New Pleading in the Twenty-First CenturySlamming the Federal Courthouse Doors?$
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Scott Dodson

Print publication date: 2013

Print ISBN-13: 9780199832507

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199832507.001.0001

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Living with New Pleading

Living with New Pleading

Chapter:
(p.172) 5 Living with New Pleading
Source:
New Pleading in the Twenty-First Century
Author(s):

Scott Dodson

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199832507.003.0006

This chapter proposes a refinement to the New Pleading process in the form of New Discovery. New Discovery changes the court's approach to Rule 8—basically, by implementing presuit discovery, which is the gathering of evidence from the defendant before the suit is filed, but this time with careful attention to cost-efficiency. There are still flaws in the process, but several states have already begun to pursue and experiment with presuit discovery. The outlook is hopeful—if Old Pleading cannot be brought back, then New Pleading should at least implement New Discovery.

Keywords:   New Discovery, New Pleading, presuit discovery, defendant, Rule 8, cost-efficiency

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