Author: Warren Freedman
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Freedman here seeks to establish a contemporary "tort of discovery abuse." As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then explores abuses of the process and their ramifications for future litigation.