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Features of the Procedure Relating to the Submission of Evidence in Civil Procedure of USA

G.O. Abolonin,
Candidate of Legal Scienes, Consultant on the Legal Support over Investments 
and Court Protection of Rights and Legal Interests of Foreing Investors


Article is devoted to the peculiarities of the procedure of disclosure of evidence in United States civil procedure. The author analyses the discovery conference – procedural form, which is produced by this action. The meeting ends with a court order, containing answers to the questions. The main part of a court order is approved rules on disclosure of evidence. At the same time, cannot be disclosed State secrets, information related to a secret protected by the law (for example, from legal aid), etc., which refer to «the law of privilege». Motions on various issues of the procedure of the case may bring any of the parties. The whole procedure of pre-trial submissions and examination of evidence is an initiative of the lawyers of the parties in the written requirements and respond to them. Duration of pretrial submissions and examination of evidence, the scope of the evidence and their nature may be determined by the judicial discretion. The grounds for limiting the procedures for the submission and examination of evidence are the cases where the requirements of the parties to provide evidence of unreasonably were too broad, or duplicate the evidence previously submitted, or may be obtained from any other source in a more simplified form, in a shorter period and with lower material costs and formalities. 

Keywords: United States judicial system; civil procedure; evidence.


References
 
   Puchinsky V.K. Grazhdanskii protsess zarubezhnykh stran [Civil Procedure of Foreign Countries]. M., 2007. P. 331. 
   Hazard J.C., Jr., Taruffo M. American Civil Procedure: An Introduction. Yale University Press, 1995. P. 111. 
   The Psychology of Evidence and Trial Procedure / S.M. Kassin, L.S. Wrightsman (eds.). Sage Publications, 1985. 
   Tullock G. Trials on Trial: The Pure Theory of Legal Procedure. Columbia University Press, 1980. P. 1. 

Information about the author 

  Abolonin G.O. (Moscow) – Candidate of Legal Scienes, Consultant on the Legal Support over Investments and Court Protection of Rights and Legal Interests of Foreing Investors (e-mail: [email protected]).

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G.O. Abolonin