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Discovery Problems and Their Solutions

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Today, lawyers and clients devote a great deal of time, effort and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential, as much of it is handled by relatively inexperienced lawyers, and in the case of document production, by legal assistants.

Discovery is the inescapable, enduring feature of modern civil litigation. Since 1960, the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed, but the number of trials has declined -- both proportionately and, in federal court, absolutely. Putting aside all other issues raised by the vanishing trial phenomenon, it clearly accentuates the critical importance of discovery. Parties evaluate cases, and make judgments about settlement value and other disposition techniques, in light of the evidence gathered in discovery. Effective discovery is crucial.

Discovery Problems and their Solutions, Third Edition teaches effective discovery. Judge Grimm and Messrs. Fax and Sandler interweave practical advice with salient case law and keen observations honed by decades of experience. Important developments since the Second Edition was published in 2009 are looked at, including the December 1, 2010 expert witness amendments to the Federal Rules of Civil Procedure.

This Third Edition also continues its keen focus on practice under the 2006 electronic discovery amendments to the Rules. Electronic discovery is inherently different from other types of discovery, and this book insightfully takes those differences into account.

Discovery Problems and their Solutions, Third Edition is an invaluable resource for discovery techniques and for associated motion practice.