A Real-World Guide To Staying Discovery In Federal Court

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By Amir Shachmurove (November 24, 2021, 11:22 AM EST) — According to many, discovery under the Federal Rules of Civil Procedure imposes a multiplicity of financial and administrative burdens on parties and courts.[1] It’s true that much debate rages over the real extent of these costs, and that mind-boggling costs only accrue in the rarest of cases.[2]

Still, each party’s entitlement to the other’s evidence is normally independent of any specific action’s underlying merits. Consequently, as the U.S. Court of Appeals for the Seventh Circuit observed in 2008 in Limestone Development Corp. v. Village of Lemont, more than a few defendants have been “forced to conduct expensive pretrial discovery in order…

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