Episode 6: “Creating and Implementing a Discovery Plan”

Welcome back to another edition of Sunday Scaries In this episode, “Discovery Roadmap,” we’re diving into the crucial process of creating and implementing a comprehensive discovery plan for your case. Whether you’re on the plaintiff or defense side, this roadmap will help you navigate the complex world of discovery and ensure you’re prepared for trial.

The Discovery Journey

In this episode, we’ll explore the essential steps to create a discovery plan that sets you up for success. From identifying the key elements and facts of your case to organizing your witnesses and documents, we’ll cover it all. Learn how to use the jury instructions as a roadmap, identify gaps in your timeline, and evaluate the strengths and weaknesses of your case.

Key Stops Along the Way

  • Assess Your Case: Start by reviewing the complaint and identifying the causes of action to be advanced based on the underlying facts.
  • Organize Your Facts: Use a chronology to identify gaps and holes in your timeline and prepare for potential depositions.
  • Identify Your Witnesses: Create a comprehensive list of witnesses, including parties and potential deponents, and consider interviewing “friendly” witnesses before taking their depositions.
  • Document Your Case: Identify all documentary evidence needed to refute liability and damages issues, and consider evidentiary issues such as admissibility and authentication.

Budget and Timing: The Final Stretch

  • Budget Your Discovery: Consider the cost of different discovery tools and use a combination of tools while keeping a budget in mind.
  • Timing is Everything: Carefully plan the sequence and timing of the discovery process, considering deadlines such as the discovery cut-off and motion cut-off.

Resolution Opportunities: The Finish Line

  • Evaluating and Resolving: Continuously evaluate what you learn during the discovery process and look for opportunities to resolve the case.

Tune in now to elevate your discovery skills and ensure you’re prepared for trial. Don’t miss this essential guide for new attorneys on creating and implementing a comprehensive discovery plan.

Tune in to Episode 5 on YouTube, and don’t forget to subscribe to catch all the upcoming episodes!

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