The Upshots of Using Early Neutral Evaluation in Pre-discovery of Documents in Complex Civil Litigation

Abstract

The preparation of complex cases are challenging to parties to the action and their counsels. Observably, the complexity of a case and the inability to comprehend and manage it effectively make the successful conduct of discovery of documents difficult. The purpose of this study is, firstly; to identify the impediments to formal discovery of documents in complex civil litigation; and secondly; to discover the effects of using Early Neutral Evaluation in pre-discovery of documents in complex civil cases. This study relied on a doctrinal analysis method in analyzing related literature (including procedural laws and case reports from Malaysia and England) apart from procedural rules regulating the use of Early Neutral Evaluation in selected courts in the United States) on Early Neutral Evaluation, discovery and civil litigation in general. This study found that subject to certain modification of any local procedural rules in a jurisdiction, Early Neutral Evaluation is theoretically a viable mechanism to be integrated into the civil court system to counter obstacles in discovery of documents in complex civil litigation.