Master Federal Discovery
Strengthen your discovery work with William Audet and Kimberly Fanady’s Handling Federal Discovery. Walk step-by-step through every discovery task, from setting discovery goals to deposing expert witnesses. The book’s unique task outline format provides practical instruction and sophisticated strategies that help you handle your opponent’s tricks and delay tactics. Organized by preparation task, it literally gives you the what, why, when, and how of moving a case through discovery, complete with practice tips and forms:
- What and why — The task is explained in plain English, detailing related rules and case law, along with the reasons for considering the task.
- When — A thorough discussion of the steps to be completed prior to beginning the task, along with deadlines for the task.
- How — The meat of the book, this section details each step necessary to effectively complete the task. Includes defenses against the efforts of your opponent.
- Practice notes — Here you will find strategies, arguments, cautions, and advice learned from decades in the courtroom.
- Forms — Discovery motions, documents, letters, and memoranda.
This book gives you broad, organized coverage of essential federal discovery rules, practice tips and necessary forms that are applicable in federal and many state courts. Primary topics covered include:
- Planning and Investigation
- Privilege and Work Product
- Rule 26 Disclosure Requirements
- Interrogatories and Admissions
- Production Requests
- Non-Party Discovery
- Inspections and Examinations
- Depositions and Experts
- Compelling and Resisting Discovery
- Foreign Discovery, and more
Handling Federal Discovery is filled with practice tips. The book details over a hundred discrete tasks in a quick-reading outline format. The tasks are annotated with hundreds of case citation and practice notes to help you:
- Properly handle complex disclosure requirements
- Assert and oppose privilege claims
- Gauge the likely success of a motion or opposition
- Save money on depositions
- Determine the need for expert witnesses
- Properly conduct discovery in a foreign country
- Determine the applicability of new federal rules
- Win greater sanctions awards
REVISION 21 HIGHLIGHTS
In December 2015, some of the most significant changes to the Federal Rules of Civil Procedure in the last 20-plus years went into effect. This edition analyzes how these new rules have impacted Federal Discovery and how practitioners can best handle the changing landscape.
The most prominent amendments include:
- Rule 16– changes streamline the formative stages of civil litigation to facilitate resolutions. The parties now must make direct contact with the court early on. The changes shorten the timeframe for issuing scheduling orders, make a concession that ESI should be addressed early on, and mandate discovery conferences prior to formal motion practice.
- Rule 26 –alters the permissible scope of discovery. The phrase “reasonably calculated to lead to discovery of admissible evidence” has been deleted and replaced with a new “proportionality” requirement with five accompanying factors. The amendment explicitly recognizes that “proportionality” and relevance are the guiding factors in discovery requests.
- Rule 34 – changes are aimed at discouraging boilerplate and unhelpful objections. Now, 34(b)(4) explicitly requires objections with specificity. Objections should identify which parts of the request are, for example, overbroad and not overbroad with concrete examples and discussion.
- Rule 37 – alterations are designed to address the explosion of ESI and related e-discovery disputes. Now, preservation (though not protection) of ESI relating to discovery requests is explicitly addressed and the necessary steps to take to avoid any potential sanctions are highlighted.
Trends in the courts’ interpretation of these amendments are discussed and illustrated with 150+ new case notes.