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Discovery and the Role of the Judge in Civil Law Jurisdictions

By Jr. Geoffrey C. Hazard

Abstract

Wide-ranging pretrial discovery is an integral part of contemporaryAmerican civil litigation, particularly in cases involving substantialstakes. Pretrial discovery, strictly defined, is entirely unavailable incivil law jurisdictions. Procedures functionally similar to pretrial discoveryare available in civil law systems, and American parties to transnationalcivil litigation sometimes attempt to use those civil lawprocedures. However, the experience is often frustrating for Americanlawyers because the civil law judges are not readily receptive tothese endeavors. Indeed; the American endeavors in discovery fromforeign sources often are deeply disturbing to the bench, bar, andgovernmental authorities abroad, and engender hostility to these endeavors

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1998
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-3332
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