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Chapter Summary

This chapter offers an overview of some of the unusual issues that arise during discovery in human rights cases. It describes the standard discovery mechanisms as applied to human rights litigation: pre-filing investigation; pre-merits and jurisdictional discovery; and merits discovery from parties and third parties. The chapter discusses two complicated discovery categories that are often important in human rights cases: discovery from the U.S. government and foreign discovery. It examines the importance of expert discovery. The chapter addresses discovery requested by the defendants from the plaintiffs, and also addresses particularly complex issues in the context of human rights claims. It offers a separate discussion of defendants' efforts to obtain discovery from human rights experts, and deals with protective orders, sought either by plaintiffs who might be endangered by discovery or by defendants who prefer to keep information confidential.

Keywords: defendants' discovery; expert discovery; foreign discovery; human rights cases; jurisdictional discovery; merits discovery



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