미국 연방민사소송에서 소송준비자료의 보호
Work Product principle in American Federal Civil Procedure
강태원(대구대학교)
23권 1호, 199~245쪽
초록
According to Rule 26(b)(3) of Federal Rules of Civil Procedure, documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative are not discoverable. This principle is also known as work product principle. This principle was created in Hickman v. Taylor in 1947. And it was codified in Federal Rules of Civil Procedure in 1970. Both of Hickman and Federal Rules are now effective as legal sources. So I researched Hickman decrees from federal district court via circuit court to Supreme court and the history of the Rules. And then I researched the federal court decrees about the work product principle until now on.
Abstract
According to Rule 26(b)(3) of Federal Rules of Civil Procedure, documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative are not discoverable. This principle is also known as work product principle. This principle was created in Hickman v. Taylor in 1947. And it was codified in Federal Rules of Civil Procedure in 1970. Both of Hickman and Federal Rules are now effective as legal sources. So I researched Hickman decrees from federal district court via circuit court to Supreme court and the history of the Rules. And then I researched the federal court decrees about the work product principle until now on.
- 발행기관:
- 한국민사소송법학회
- 분류:
- 법학