The approach of the Model Rules to access to information and evidence

Abstract The Model European Rules of Civil Procedure (MERCP) represent the most comprehensive and advanced model of modern and efficient civil procedure. Based on comparative research, they offer national legislators the best solutions for designing a civil procedure adapted to the requirements of the 21st century. This article analyses, more specifically, how the MERCP deal with access to information relevant to the proceedings and with evidence. The proposals of the Model Rules, in these fields, are organized along four axes: (i) establish general principles and rules; (ii) identify best practices in the management of evidence; (iii) establish a ‘European way to discovery’; and (iv) take a stand in the most relevant issues currently affecting the most relevant types of evidence.