الاستكشاف في المواد المدنية : دراسة في قواعد الإجراءات المدنية الفيدرالية للولايات المتحدة الأمريكية

الملخص EN

The study of “Civil Discovery” seeks for unveiling some sides of judicial and legal system applied in The Federal Rules of Civil Procedure (FRCP) in United States District (Federal) Courts, to achieve the purpose of such a study it has been divided into several chapters as follows: Preliminary Chapter: Introduction to Federal Rules of Civil Procedure: The study has tackled, in this chapter, about Scope of the FRCP which regulates proceedings in civil cases before the federal courts of the United States; By taking an overview of these rules, studying their general structure and explaining the most important rules contained therein, then clarifying how to file a civil lawsuit; To know the importance of civil discovery when filing a lawsuit.

Chapter I: The Concept of Discovery and its Basis: The study discussed in this chapter the definition of civil discovery in general and according to its aim, according to the mechanisms on which it is based, and according to its types.

Then the study dealt with the basis of civil discovery; by studying the absence of discovery in the Enabling Act Debate, then the limited role of discovery prior to the twentieth century, then studying the rules of discovery in federal courts before the issuance of the rules of federal rules of civil procedure and after their promulgation in 1938.

Chapter II: Discovery Tools: This chapter deals with common types of Civil discovery are Interrogatories, consisting of written questions the other party must answer under penalty of perjury; Depositions, at which one party to a lawsuit has the opportunity to ask oral questions of the other party or witnesses under oath; and Requests to Produce Documents, by which one party can force the other to produce physical evidence; Physical and Mental Examination, whose mental or physical condition is in controversy.