Discovery and Interrogatories - Trial Strategy Today

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

E-Discovery LLC

JANUARY 8, 2025

Plaintiff contended that, in response to plaintiffs interrogatories, Defendants improperly refer to hundreds of pages of documents, which is non-responsive, evasive, and in violation of Federal Rule of Civil Procedure 33(d). First, it must show that a review of the documents will actually reveal answers to the interrogatories.

Interrogatories

Interrogatories Discovery Depositions Objections

Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II

E-Discovery LLC

JUNE 20, 2024

Life is Short It is also a red flag when the court notes: “Since February of 2023, there have only been rare and brief occasions when the parties did not have some discovery dispute before the court.” There is nothing wrong with a little humor to provide a break in the monotony of this long and tedious discovery war.” June 17, 2024).

Discovery

Discovery Interrogatories Litigation Exhibits

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery

Discovery Objections Interrogatories Pleadings

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Nguh’s discovery requests, including requests for his address and phone number.

Discovery

Discovery Interrogatories Affidavits Pleadings

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. emphasis added].

Discovery

Discovery Depositions Interrogatories Settlement Negotiations

Request to Produce Documents Collected “to the Present” is Improper “Rolling Discovery”

E-Discovery LLC

DECEMBER 11, 2024

The court described the request as rolling discovery. You may guess the result from the following statement by the court: This is not the first time the Court has admonished the parties for seeking second and third bites at discovery cherries in this case. Rolling discovery differs. The court had made two prior rulings.

Discovery

Discovery Interrogatories Admissibility Manufacturing

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery

Discovery Objections Evidence Litigation

Failure to Confer Regarding ESI Protocol Operates Against Failing Party

E-Discovery LLC

DECEMBER 28, 2024

26, 2024), the court explained a prior discovery ruling: The Court also found that Plaintiffs failure, after nearly two years, to confer with Defense counsel regarding an ESI protocol militated against granting Plaintiffs, the movants, request(s) to compel Defendant to respond and/or further respond to her expansive discovery requests.

Discovery

Discovery Interrogatories

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. at 187 (citation omitted). “The

Objections

Objections Discovery Interrogatories Admissibility

Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

MAY 31, 2024

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories

Interrogatories Discovery Counterclaim Objections

StubHub: “The Court is not going to do that.”

E-Discovery LLC

AUGUST 16, 2024

13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery. The court provided a step-by-step description of the workflow for discovery.

Interrogatories

Interrogatories Discovery Depositions Litigation

When is Failure to Provide a Timely Privilege Log Excusable?

E-Discovery LLC

JUNE 24, 2024

THE MELTON FACTORS In Melton , 2024 WL 3015749, at *5, the court recognized the general rule: “[A]s a general rule, when a party fails to object timely to interrogatories, production requests, or other discovery efforts, objections thereto are waived…. The court held that one interrogatory failed to request production of the bills.

Interrogatories

Interrogatories Objections Discovery Litigation

Failure to Cooperate Leads to Judicially-Imposed ESI Protocol

E-Discovery LLC

JANUARY 15, 2025

Plaintiffs sought class certification discovery. Plaintiffs asserted, however, that Defendant insists on keeping its relevant custodians and data sources to itself (or at least forcing Plaintiffs to try and discover the same through interrogatories and depositions). Artsana USA, Inc., 2025 WL 50373 (S.D.

Discovery

Discovery Interrogatories Objections Depositions

Requests for “Any and All” Documents Are Obsolete – Update

E-Discovery LLC

JULY 6, 2024

21, 2020) (finding the defendant’s exceptionally broad discovery requests violated Fed. Charles Fax, and Paul Sandler, described the flaws in that type of request in “Maryland Discovery Problems and Solutions” (Md. emphasis added]. I suggest that the alternative approach is well-supported. A year before my blog, The Hon. Grimm (ret.),

Interrogatories

Interrogatories Discovery Objections Litigation

Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

NOVEMBER 12, 2024

They will require a material change in the way many attorneys practice discovery. EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline. e) Supplementation of Responses.

Depositions

Depositions Discovery Objections Exhibits

Do You Have to Ask an Opponent for a Privilege Log?

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery

Discovery Exhibits Interrogatories Objections

Relative Proportionality Argument Rejected

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery

Discovery Objections Admissibility Expert Testimony

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2] 9, 2021). [2] 24, 2024).

Admissibility

Admissibility Discovery Objections Interrogatories

MyCase + Briefpoint: Save Hours Automating Discovery Requests

MyCase

MAY 7, 2024

Reading, reviewing, and crafting discovery responses isn’t just tedious—it’s downright time-consuming. MyCase has partnered with Briefpoint to help firms save time on discovery documents by eliminating repetitive work required for responses. What is Briefpoint? How Does the Integration Work? Top Benefits of MyCase and Briefpoint 1.

Discovery

Discovery Interrogatories Subpoenas Admissibility

Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate

E-Discovery LLC

OCTOBER 10, 2024

1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue the trial. As the parties have demonstrated that they cannot manage the discovery process efficiently on their own, court oversight is necessary. Then, they “asked for and received 10 months to conduct discovery.”

Discovery

Discovery Mediation Depositions Interrogatories

Felder: Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun.

Discovery

Discovery Depositions Interrogatories Objections

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion. Supplement if needed.

Cross-Examination

Cross-Examination Exhibits Interrogatories Opening Statement

From Consultation to Judgment: What to Expect in a Personal Injury Claim

CaseFox

MARCH 23, 2023

Discovery: During the litigation process, both parties will engage in discovery, which involves exchanging information and evidence relevant to the case. This may include depositions, interrogatories, and requests for documents. Trial: If your case goes to trial, your attorney will present your case to a judge or jury.

Interrogatories

Interrogatories Depositions Evidence Discovery

TikTok’s ‘Grossly Insufficient’ Discovery Responses Lead to Motion to Compel in Cellspin Soft Patent Case

IP Watchdog

JUNE 10, 2024

On June 6, patent owner Cellspin Soft filed a motion to compel in the Eastern District of Texas seeking a court order requiring Chinese social media company TikTok to provide additional responses to interrogatories regarding proper venue in the case.

Interrogatories

Interrogatories Discovery Litigation

11 ChatGPT Prompts to Transforming Your Legal Practice

Lawmatics

AUGUST 8, 2023

5 Developing Interrogatory Questions Prompt: "You're a personal injury attorney investigating a complex multi-vehicle accident. Draft focused interrogatory questions to unravel the chain of events and identify all parties involved and potentially responsible."

Legal Research

Legal Research Interrogatories Witnesses Legal Strategy

HOW TO PREPARE YOUR CLIENT FOR THEIR DEPOSITION by Lita Luvera

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

You review interrogatory answers and any statements, and cover the issues in the case. SCHEDULE A MEET AND GREET IN THE CLIENTS HOME This meeting should be scheduled early in the case to learn the client’s story in greater detail and the focus should be on Damages not Liability. Cover the style of the defense lawyer if that is important.

Depositions

Depositions Interrogatories Witnesses Exhibits

Top 8 Legal AI Companies to Watch in 2024

MyCase

MAY 2, 2024

It allows you to upload your factual documents via e-discovery and case management systems to generate hyperlinked citations. EsquireTek EsquireTek leverages AI to automate legal discovery processes. It leverages AI to suggest and write tailored content, such as Requests for Admission, Requests for Production, and Interrogatories.

Discovery

Discovery Case Management Litigation Interrogatories

LegalWeek 2024 Special Part Four: Joshua Lenon from Clio

3 Geeks and a Law Blog

FEBRUARY 22, 2024

So when somebody uploads, say, a tranche of discovery, right, the AI might recommend, hey, do you want me to go in in bait stamp some of these documents? And as we we learn more about what law lawyers want from that type of chat based interface, then we’re going to take a look at potentially suggestions.

Technology

Technology Legal Services Interrogatories Pleadings

Trial Strategy Today

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II

Trending Sources

E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

Two Recent Decisions Imposing Sanctions for Discovery Failures

Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

Request to Produce Documents Collected “to the Present” is Improper “Rolling Discovery”

Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

Failure to Confer Regarding ESI Protocol Operates Against Failing Party

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

Another Cinderella Situation –Motion Denied as Untimely?

StubHub: “The Court is not going to do that.”

When is Failure to Provide a Timely Privilege Log Excusable?

Failure to Cooperate Leads to Judicially-Imposed ESI Protocol

Requests for “Any and All” Documents Are Obsolete – Update

Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

Do You Have to Ask an Opponent for a Privilege Log?

Relative Proportionality Argument Rejected

Is a Vehicle’s “On Board” or “Dash Cam” Video Protected From Disclosure as “Work Product?”

MyCase + Briefpoint: Save Hours Automating Discovery Requests

Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate

Felder: Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session

CONSIDER A TRIAL CHECKLIST

From Consultation to Judgment: What to Expect in a Personal Injury Claim

TikTok’s ‘Grossly Insufficient’ Discovery Responses Lead to Motion to Compel in Cellspin Soft Patent Case

11 ChatGPT Prompts to Transforming Your Legal Practice

HOW TO PREPARE YOUR CLIENT FOR THEIR DEPOSITION by Lita Luvera

Top 8 Legal AI Companies to Watch in 2024

LegalWeek 2024 Special Part Four: Joshua Lenon from Clio

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