Abstract
THE laws of procedure for state and federal courts in the United States permit each side in a dispute to submit questions that the other side must answer before the trial begins ("interrogatories"), interview the other side's witnesses under oath ("depositions"), requisition documents, and inspect physical objects in dispute ("permission to enter land"). Requests for information can include any material relevant to the general subject of the dispute. Failure to respond fully and candidly to these requests can provoke a variety of sanctions by the court. As a whole, these laws are designed to enable each side to discover the other's legal arguments and the facts on which they are based. The American legal institution of discovery has been the subject of controversy since it developed this century, especially through reform of the federal rules of evidence in the 1930s.1 The debate involves a variety of claims about the use and abuse of discovery.2 From these claims, five
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