Jump to ContentJump to Main Navigation
New Pleading in the Twenty-First CenturySlamming the Federal Courthouse Doors?$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2021

Living with New Pleading

Living with New Pleading

(p.172) 5 Living with New Pleading
New Pleading in the Twenty-First Century

Scott Dodson

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .