Oral and Written Discovery in Civil Cases: Strategies for Avoiding and Responding to Recurring Deficiencies
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will identify and review solutions to the recurring and seemingly universal flouting of the Federal Rules of Civil Procedure and their state counterparts concerning written and oral discovery.
Outline
- Written discovery
- General objections
- Recurring issues with requests for production
- Identifying documents withheld
- Form of production
- Organizing production
- Document dumps
- Recurring issues with interrogatories
- Identifying records under Rule 33(d)
- Counting
- Verification
- Other issues
- Waiver of privilege and objections
- Meet and confer standard
- Depositions
- Overbroad notices
- Meet and confer requirement
- Recurring issues with 30(b)(6) depositions
- Unknowledgeable witness
- Location of deposition
- Right to know the documents reviewed by the deponent
- Undisclosed fact witnesses
Benefits
The panel will address these and other vital issues:
- Can companies be forced to testify about litigation contentions?
- What is the effective use of Rule 30(b)(5), and when is it abused?
- Can counsel require a verified statement that the responding party has searched for responsive documents?
- Does sending a letter and draft motion to compel fulfill the requirement to "meet and confer"?
Faculty
Stephen E. Fox
Partner
Sheppard Mullin
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate... | Read More
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate for clients – from Fortune 500 corporations to entrepreneurs – in complicated and often high-profile business and employment disputes. His advice/counseling and trial practice is focused on complex business and employment litigation. In the area of labor and employment law, clients look to Mr. Fox for proactive and practical recommendations to avoid litigation. But, when disagreements or disputes end up in the courtroom or in arbitration, he is a vigorous advocate, successfully trying cases in a myriad of areas, including non-competition violations; trade secret theft; executive departures; wage and hour compliance and collective actions; corporate downsizing; leaves of absence (ADA and FMLA); sexual harassment investigations; and compliance with federal/state anti-discrimination and retaliation statutes. Mr. Fox’s ability to synthesize complex facts and arguments into understandable and memorable pieces of information makes him a compelling courtroom advocate, as well as a frequent resource to print, broadcast and radio media.
Close
Robert F. Redmond, Jr.
Partner
McGuireWoods
Mr. Redmond focuses his practice on mass tort, product liability and complex commercial litigation. He frequently tries... | Read More
Mr. Redmond focuses his practice on mass tort, product liability and complex commercial litigation. He frequently tries jury cases to verdict in state and federal courts around the country.
Close
Victoria Webb
Shareholder
Banner Witcoff
Ms. Webb focuses her practice on intellectual property litigation, administrative proceedings, and counseling.... | Read More
Ms. Webb focuses her practice on intellectual property litigation, administrative proceedings, and counseling. Bolstered by her background in mechanical engineering, she works hand-in-hand with some of the world’s leading companies, newest start-ups, and visionary innovators to strategically and creatively obtain, enforce, and leverage patents, trademarks, trade dress, and copyrights. Whether it is striving for a win through early resolution, victories in court, or creative business solutions, Ms. Webb’s significant experience managing and litigating complex intellectual property matters allows clients to protect their unique and valuable inventions, brands, and intellectual property portfolios.
Close