San Diego attorney and blogger, James D. Crosby, runs the “Trial Call” blog. In an effort to ease the (occasional) pains of discovery he offers up these 9 simple rules. Be sure to read his full post with all the full details.
- Before proceeding with written discovery, simply and seriously consider whether it is worth the effort.
- As a corollary to Rule 1, never propound a written discovery request that you are not willing to enforce by motion.
- Use requests for supplementation of an initial discovery set, rather than propounding successive sets of new discovery requests.
- Do not use form interrogatories for anything but the simplest of cases.
- Do not include in your discovery requests definitions and instructions for how to respond.
- As a corollary to Rule No. 1, but for the responding party, do not object to written discovery if you are not willing to defend your objection to the court under threat of sanction.
- Do not object to written discovery and then provide responses subject to, and without waiving, the raised objection.
- Meet and confer before responding to the discovery.
- Meet and confer face-to-face.