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1 Thomas E. Willging, Data on Discovery Cutoffs (Memorandum) 1 (1998)

handle is hein.congcourts/dataonc0001 and id is 1 raw text is: Federal Judicial Center Research Division memorandum Writer's Direct Dial Number: 202-273-4070 FAX 202- 273-4021 DATE: February 23, 1998 To: Advisory Committee on Civil Rules FROM: Tom Willging SUBJECT: Data on discovery cutoffs This memorandum presents empirical information about time limits on discovery (discovery cutoffs,) as gleaned from further analysis of our survey data. I provided this information by memorandum to the Discovery Subcommittee on December 22, 1997 and, in the current memorandum, I expand on the differences between our finding and Rand's finding on the same question, namely the relationship between imposing discovery cutoffs and litigation costs and case duration. Summary. Discovery cut-offs-typically six months-were imposed in about two-thirds of the cases in the FJC's survey of counsel in 1,000 closed civil cases. Attorneys reported relatively few problems with the limits. We did not find any statistically significant relationship between imposition of discovery cutoffs and litigation costs or delays. Issues. This memo addresses the following questions: * How often were time limits on discovery (discovery cutoffs) imposed? How much time did courts allow for discovery? * What relationships did discovery limits have to litigation costs, especially discovery costs, and to the life span of the litigation? Findings. Of attorneys who reported some discovery or disclosure in their case, 65% said the court imposed discovery cutoffs. Table 1 shows the range of the limits attorneys reported. About 70% of these attorneys said the judge set limits of six months or shorter, while about 20% reported limits of 9 months or longer. The mean and median lengths were six months. 1 About 70% of the attorneys who reported discovery cutoffs also gave information about the length of such limits.

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