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Tag Archives: Discovery Responses

Top Ten Checklist For Reviewing Discovery.

02 Saturday May 2015

Posted by Celia C. Elwell, RP in Discovery, Exhibits, Federal Rules of Discovery, Interrogatories, Requests for Admissions, Requests for Production, Trial Tips and Techniques

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Carol Treasure, Discovery Responses, Privilege Log, The Bar Association of San Francisco, Trial Exhibits, Trial Tips & Techniques

Top Ten Things To Do With Discovery Responses, by Carol Treasure, RN, PhD, JD, Cooper & Scully, P.C., The Bar Association of San Francisco

http://www.sfbar.org/basf-bulletin/2012/dec-2012/discovery-responses.aspx

Attorneys expend tremendous effort drafting interrogatories and requests for admissions or documents. Having a checklist will assist you when reviewing the discovery responses. Below is a list of ten things you can do with discovery responses which can save you time and help with case management. . . .

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Federal Magistrate On Writing Discovery and Responses – “What We Have Here Is A Failure to Communicate.”

17 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Boilerplate Forms, Discovery, Editing, Interrogatories, Legal Writing, Legalese, Plain Language, Readability, Requests for Admissions, Requests for Production

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Discovery, Discovery Disputes, Discovery Responses, Legal Writing, Oklahoma Bar Journal, U.S. Magistrate Paul J. Cleary

Some Thoughts on Discovery and Legal Writing, by Judge Paul J. Cleary, Oklahoma Bar Journal, 82 OBJ 33 (2011)

http://tinyurl.com/mjfawqa

Since 2002, The Hon. Paul J. Cleary has served as U.S. Magistrate Judge for the Northern District of Oklahoma.  He has the joy of overseeing discovery in civil litigation. You could say that experience makes him an expert. 

It should be no surprise that he urges counsel to use good writing habits and avoid boilerplate language. -CCE

“What we have here is failure to communicate.” Cool Hand Luke (Jalem Productions 1967).

There is a famous scene at the end of the movie Blow Up2 where mimes face off in a tennis match using an imaginary ball and racquets. It reminds me of too many discovery disputes: I sit as the linesman, watching helplessly as the lawyers roil and argue between intermittent swats at imaginary objects.

The fundamental problems that underlie most discovery disputes might be pulled from the pages of a marriage counselor’s handbook: Fear of commitment and inability to communicate. Lawyers won’t commit to a definition of the legal dispute: It’s not a simple breach of contract; it’s a contract, fraud, bad faith, conspiracy, racketeering case. The ill-defined nature of the dispute drives discovery into vast, uncharted territory. By the same token, lawyers responding to discovery requests won’t commit to a clear statement of what responsive documents exist and which of those will be produced. The purpose of this article is to examine the problem of inartful/incomprehensible discovery requests and responses and to offer some observations and, perhaps,some solutions. . . .

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