In the past, the rules of discovery were very restrictive, and trials often turned on elements of

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In the past, the rules of discovery were very restrictive, and trials often turned on elements of surprise. For example, a plaintiff would not necessarily know until the trial what the defendant’s defense was going to be. In the last several decades, however, new rules of discovery have substantially changed this situation. Now each attorney can access practically all of the evidence that the other side intends to present at trial, with the exception of certain information—namely, the opposing attorney’s work product. Work product is not a clear concept. Basically, it includes all of the attorney’s thoughts on the case. Can you see any reason why such information should not be made available to the opposing attorney? Discuss fully.

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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