Effective Discovery: Techniques and Strategies that Work

Effective Discovery: Techniques and Strategies That Work is a comprehensive practical guide to "paper" discovery and related undertakings—discovery conferences, plans, reports, and orders; disclosures; interrogatories; requests for production; physical and mental exams; requests for admission; electronic discovery; motions; and subpoenas

Publisher: NITA
eBook :mobi
1st Edition
$95.00
Quantity
In Stock
ISBN/ISSN: 9781601565112
Publisher: NITA
International Order Inquiry
Book Edition: 1E

Product details

Effective Discovery: Techniques and Strategies That Work is a comprehensive practical guide to "paper" discovery and related undertakings—discovery conferences, plans, reports, and orders; disclosures; interrogatories; requests for production; physical and mental exams; requests for admission; electronic discovery; motions; and subpoenas. This informative and eminently readable text takes litigators through the stages of discovery, addressing:

  • discover objectives, planning, strategies, ethics, and rules; 
  • when and how to use discovery devices alone and in combination; 
  • how to assess which discovery devices will work best in your circumstances; 
  • how to draft discovery designed to get needed information;
  • how to respond when the other side is evading—or refusing—your discovery;
  • proportionality—assessing when enough is enough, too much, or not nearly enough;
  • what judges want and don’t want—and the Laws of Unintended Consequences and What Goes Around, Comes Around.

Table of contents

CONTENTS
Preface: Testimonial Discovery, Paper Discovery, the Rules, and How to Use this Book
Acknowledgments
A Guide to Selected Pretrial Proceedings—Pleadings, Disclosures, Discovery, and Related Motions—with References to the Federal Rules of Civil Procedure

Chapter One: Introduction to Discovery
Chapter Two: Discovery Preliminaries, Frameworks, and Fundamentals
2.1  Discovery Preliminaries2.2  Local Rules2.3  Scope of Discovery 2.4  Additional Protections against Discovery Abuse2.5  Signing and Certifying Discovery Papers2.6  Service of Discovery Papers2.7  Filing Discovery Papers2.8  The Duty to Preserve Discoverable Material2.9  Duty to Supplement2.10  Extensions of Time2.11  Claims of Privilege
Chapter Three: Preparing for Discovery3.1   Creating a Discovery Plan3.2   A Checklist of Seventeen Discovery Objectives
Chapter Four: Initial Disclosures4.1  The Law4.2  Drafting Initial Disclosures4.3  Take Initial Disclosures Seriously4.4  Sample Disclosures
Chapter Five: Interrogatories5.1  The Law5.2  Strategies: Strengths and Weaknesses of Interrogatories5.3  Information Best Sought by Interrogatories5.4  Drafting Interrogatories5.5  Responding to Interrogatories
Chapter Six: Requests for Production and Inspection6.1  The Law6.2  Strategies: Strengths and Weaknesses of Production Requests6.3  Information Best Sought by Production Requests6.4  Drafting Production Requests 6.5  Responding to Production Requests 6.6  "Clawing Back" Documents
Chapter Seven: Physical and Mental Examinations7.1  What Are Physical and Mental Examinations?7.2  What Is the Procedure for Obtaining an Order?7.3  When a Party’s Physical or Mental Condition Is in Controversy7.4  What Is “Good Cause Shown”?7.5  Who May Conduct the Physical or Mental Examination?7.6  What Is the Scope of Permitted Examinations?7.7  Who May Attend the Examination?7.8  Information to Be Provided by the Examiner after the Examination
Chapter Eight: Subpoenas8.1  The Law of Subpoenas8.2  The Strengths and Weaknesses of Subpoenas 8.3  Responding to Subpoenas
Chapter Nine: Requests for Admissions9.1  The Law9.2  Strategies: Strengths and Weaknesses of Requests for Admissions9.3  Drafting Requests for Admissions9.4  Responding to Requests for Admissions9.5  Form of Response9.6  Objecting to Requests for Admissions9.7  Moving for a Protective Order Regarding the Requests for Admissions9.8  Moving for an Extension of Time in which to Respond9.9  Withdrawing or Amending Responses to Requests for Admissions
Chapter Ten: Discovery of Electronically Stored Information (ESI)10.1  Introduction10.2  ESI Discovery Challenges10.3  Preparing for and Making or Responding to ESI Discovery Requests10.4  The Local Rules10.5  Sources that Are Not Reasonably Accessible10.6  Crafting Discovery10.7  Form of Production of ESI Discovery10.8  Conclusion
Chapter Eleven: Compelling Discovery and Responding to Discovery Misconduct11.1  Rule 37 Motions11.2  Motion for an Order Compelling Disclosure or Discovery11.3  Motion for Sanctions for Failure to Comply with a Court Order11.4  Failure to Disclose, to Supplement an Earlier Response, or to Admit11.5  Failure to Admit Requests for Admission11.6  Party’s Failure to Attend Its Own Deposition, Answer Interrogatories, or Respond to a Request for Inspection11.7  Form: Motion for Discovery Sanctions11.8  Failure to Provide Electronically Stored Information11.9  Failure to Participate in Framing a Discovery Plan11.10  Discovery Misconduct by the Party Seeking Discovery11.11  Prerequisites to a Motion for a Protective Order
Afterword
Appendix A: Form 52. Report of the Parties' Planning Meeting
Appendix B: Suggested Protocol for Discovery of Electronically Stored Information (The "Maryland Protocols"), District Court for the District of Maryland
Appendix C: Seventh Circuit Electronic Discovery Pilot Program (The Seventh Circuit Program), U.S. Court of Appeals Seventh Circuit
Appendix D: The Sedona Principles (Second Edition 2007): Addressing Electronic Document Production
Appendix E: Selected Federal Rules