Sunday, November 1, 2009
Sedona Conference principles of cooperation in discovery
As we get ready (in my class) to start our discussion of examples of misconduct in the process of discovery in civil litigation, here is a link to an article (with more helpful links) about the Sedona Conference cooperation proclamation. The Sedona Conference is a nonprofit research and educational institute whose members are judges, attorneys and academics, that has hosted conferences and published papers and guidelines suggesting alternative ways to conduct civil discovery. More than anything else, the Conference emphasizes the need to avoid "discovery disputes" and to adopt a view of discovery based on cooperation. The Conference's most recent publication, the The Sedona Conference Cooperation Proclamation (July 2008), is available here.