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Civil discovery under United States federal law
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Civil discovery under United States federal law : ウィキペディア英語版
Civil discovery under United States federal law
Civil discovery under United States federal law is wide-ranging and can involve any material which is relevant to the case except information which is privileged, information which is the work product of the opposing party, or certain kinds of expert opinions. (Criminal discovery rules may differ from those discussed here.) Electronic discovery or "e-discovery" is used when the material is stored on electronic media.
In practice, most civil cases in the United States are settled or resolved after discovery without actual trial. After discovery, both sides often are in agreement about the relative strength and weaknesses of each side's case and this often results in a settlement which eliminates the expense and risks of a trial. Another common way of the resolution without trial is a motion for summary judgment or a motion to dismiss.
==History==
Section 15 of the Judiciary Act of 1789 provided:
:()ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively, on motion, to give the like judgment for the defendant as in cases of nonsuit; and if a defendant shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively on motion as aforesaid, to give judgment against him or her by default.〔Judiciary Act of 1789, § 15, 1 Stat. 73, 82.〕

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