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2005 ABA Annual Meeting, Section of Litigation, August 4-7, 2005: Is Anything Secret Anymore? RULE 5(d) AND PUBLIC ACCESS TO DISCOVERY MATERIALS IN FEDERAL COURT Gregory P. Joseph* A seemingly innocuous amendment to the Federal Rules of Civil Procedure in 2000 modified Rule 5(d), but the amendment was in fact far from innocuous. It has an important impact on the confidentiality of discovery materials. The pre-2000 version of Rule 5(d) provided that “[a]ll papers after the complaint required to be...

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