In the wake of rising litigation costs and overwhelming amounts of electronic data, it may be time to overhaul the rules governing discovery processes in litigation. At least that’s what four out of five of America’s judges think, according to a new survey conducted by the Law and Economics Center at the George Mason University School of Law, with polling by Public Opinion Strategies.
The survey canvassed 357 state and federal judges across the United States, each with an average of 17 years on the bench. Eight-four percent of respondents said they would support changes to the current evidentiary system that take into account discovery costs versus benefits. “The scale and cost of discovery rulings are setting off alarm bells with a wide cross-section of our nation’s judges,” said Henry Butler, the executive director of the Law and Economics Center, in a statement. “There seems to be a growing perception among them that these rules need to be reexamined, given the digital age in which we live and the amount of data that is now within reach of the discovery process.”
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