Build a Solid Foundation for Your Case With Sound Discovery Strategies
Are you maximizing the discovery potential of every case you take? Don't just learn what to look for in a litigation case – find out where to find the relevant evidence, how to get it, and what to do to preserve it. In this detailed step-by-step walkthrough, our seasoned trial attorney faculty will guide you in navigating discovery procedures with ease and proficiency. Refine your discovery skills and enhance your litigation practice – register today!
- Review the rules governing discovery in state and federal courts.
- Make the best use of protective orders and limiting motions to guard trade secrets and confidentiality and limit the impact of negative evidence on your case.
- Disambiguate your requests for evidence to leave no wiggle room for opposing counsel to produce evidence you don't want.
- Maximize early discovery with strategic use of oft-underestimated Rule 30(b)(6) depositions.
- Get a crash course in electronic discovery to prepare you to ask for relevant data intelligently and translate technical terms in legal context into plain English.
- Get an update on the latest court rulings related to all aspects of discovery.
- Find out what needs to be done before the deposition to grant you greater witness control and yield desired results.
- Explore other time-tested and new methods of discovery that may unearth case-turning evidence.
- Identify key data custodians to preserve the chain of evidence and ensure its admissibility.
- MAJOR DISCOVERY RULES AND PRINCIPLES
9:00 - 9:45, Jay E. Heidrick
- State Rules of Civil Procedure
- Federal Rules of Evidence
- Current Case Law Update
- Types/Methods/Sources of Discovery
- The Role of Case Theme in Discovery
- INFORMAL DISCOVERY – WHEN, WHAT AND HOW TO LOOK FOR
9:45 - 10:00, Amy E. Morgan
- INITIAL FILINGS, REQUESTS AND PRODUCTION
10:00 - 10:45, Amy E. Morgan
- What to Ask for and How to Focus Your Search
- Discovery Conferences and Scheduling Orders
- Interrogatories, Requests for Production, Requests for Admissions (Including: Sample Language for Requests; Timing; Procedure; Grounds for Production Request Objections; Responses to Requests; etc.)
- Protective Orders
- Disclosing the Data Custodians
- Motions to Compel and Responses
- Document Retention
- Hold and Search Strategies
- Requesting, Conducting and Analyzing Examinations
- Related Case Law
- Requesting Searches, Medical Exams and Special Consideration in Obtaining Medical Records
- EFFECTIVE DATA ORGANIZATION AND ANALYSIS
11:00 - 12:00, William F. Logan
- Narrowing the Relevant Case Issues
- Tips for Effective Final Document Review
- Managing the Data Volume
- Authenticating Data
- DEPOSITIONS PROCEDURE AND EXPERT TIPS
1:00 - 2:15, William F. Logan
- Deposition Notice Rules
- Rule 30(b)(6) Notices
- Preparing for the Deposition (Including: Organizing Evidence; Determining the Goal(s); Planning the Questions; Preparing Your Witness; Timing Considerations and more)
- Where to Conduct and How to Record the Deposition
- Questioning/Phrasing Techniques
- What to Listen for in Deponents' Responses
- Making and Responding to Objections
- Controlling the Cost of Experts
- Preparing and Analyzing Expert Reports
- Analyzing Deposition Transcripts
- Effective Use of Limiting Motions
- DISCOVERY ETHICS
2:15 - 3:15, William F. Logan
- Rules of Professional Conduct Addressing Discovery Conduct
- Abusive Motions Practice
- Confidentiality Concerns
- Application of the Work-Product Doctrine
- Accidental Disclosure and Omission
- ELECTRONIC DISCOVERY IN A NUTSHELL
3:30 - 4:30, Jay E. Heidrick
- Sedona Principles Review
- E-Discovery Conferences and Recent Judicial Emphasis on Cooperation Between Opposing Counsel
- Old and New Types of Discoverable ESI
- Choosing an IT Vendor
- Translating Techspeak Into Legalese
- Sanctions for Discovery Abuse
- Admissibility of ESI