PRE-SUIT DISCOVERY IN COMPLEX BUSINESS LITIGATION

Joey Robertson, Sam Houston State University, Huntsville, Texas, U.S.A.
Diana Brown, Sam Houston State University, Huntsville, Texas, U.S.A.
Laura Sullivan, Sam Houston State University, Huntsville, Texas, U.S.A.

Published in

REVIEW OF BUSINESS RESEARCH
Volume 19, Issue 1, p29-38, March 2019

ABSTRACT

The ability to collect information before filing a lawsuit can be an invaluable investigation tool. However, the common wisdom has been for centuries that discovery prior to filing suit was nearly impossible, improper, and unseemly. Pre-suit discovery allows a party to obtain adequate information to properly investigate a potential case or to preserve evidence and secure witness testimony quickly. In fact, most pre-suit fact-gathering can be performed without court intervention, and pre-suit discovery is one of business litigations most under-used tools. This paper examines pre-suit discovery under Texas, New York and New Jersey law.

Keywords

pre-suit discovery, business litigation, investigation techniques


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