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About Discovery Problems and their Solutions
Lawyers and clients today devote enormous amounts 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 in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants.
This updated and expanded edition describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experience) followed by a discussion that includes the law and helpful practice tips. In this edition, particular emphasis has been placed on discussion and interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information (ESI). Sections cover:
Interrogatories, Document Requests, Requests for Admission, and Motions for Mental and Physical Examinations
Depositions
Experts
Sanctions and Protective Orders
"This book teaches effective discovery. It interweaves practical advice with salient case law and keen observations honed by decades of experience. The authors examine in detail the many nettlesome problems presented by discovery, including electronic discovery, in light of the strictures imposed by the Federal Rules of Civil Procedure... This volume is an invaluable resource for discovery techniques and for associated motion practice."
