The fundamental goal of the Federal Rules of Civil Procedure (Federal Rules), as set out in Rule 1, is “to secure the just, speedy, and inexpensive determination of every action and proceeding.” Prior to the adoption of the Federal Rules, both state and federal courts had long battled a list of obstacles that prevented courts from securing a fair and effective litigation system. Chief among those difficulties were the excessive technicalities of pleading practice and the substantial backlog of cases awaiting trial. But today, almost seventy-five years after the adoption of the Federal Rules, discovery, a necessary complement to notice pleading, has often become a nightmare in the judicial administration of complex federal litigation. . . .
