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In private conversations with lawyers and judges, I find precious
few ready to argue that pretrial discovery involves less
than considerable to enormous waste. Yet, the reaction to recently
proposed amendments to the Federal Rules of Civil Procedure
suggests that even amendments best characterized as
trivial or incremental may encounter enormous resistance.
Before examining the sources of this resistance to change, I will
describe the principal proposals for reform, the reasons for their
adoption by the Advisory Committee on Civil Rules, the criticism
they received, and the Committee's response.
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