Presuit Civil Protective Orders on Discovery
نویسندگان
چکیده
There are few civil procedure laws broadly authorizing trial courts in the United States to consider presuit requests seeking protection from discovery sanctions or spoliation claims later actions. should be more on protective orders addressing information maintenance, preservation and/or production. New order most apt where there have been demands by potential adversaries involving alleged duties under substantive laws; recipients strong reasons secure early judicial clarifications; and, availability and use of will serve both private public interests just speedy, inexpensive determinations claims. New also warranted for some witnesses receipt demands. An Arizona court rule, effective July, 2018, authorizes certain that not aimed at perpetuating witness testimony, identifying defendants, investigating causes action, common forms discovery. Yet rule is limited thus fully modeled. The speaks only “the existence scope any duty preserve” electronically stored (esi). It allows one “a request” relevant anticipated pending litigation petition an esi duty. Petitioner need adverse party advance a suit, new related suit. New go further. They authorize concerning nonesi. available times even when may then legal preserve. These should, however, provide guidelines limiting discretionary powers. Finally, reflect unique production within system, whether procedural (as with sanction) independent claim) laws. A size fits all approach unwarranted.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3831532