Introductory Note: The main emphasis of this chapter is on the discovery procedures set forth in the Federal Rules. More states have adopted the Federal Rules for discovery than have adopted any other set of provisions of the Federal Rules, and these provisions give a good indication of the trends of modern discovery. The federal procedures for conducting pretrial conferences are also discussed.
This Chapter covers discovery, the process by which each party to a litigation reveals to her adversaries facts, documents, and other aspects of her claims or defenses. The emphasis in this chapter, as noted, is on the discovery provisions of the Federal Rules. The most important concepts in this Chapter are: