NCJ Number
104088
Date Published
1986
Length
764 pages
Annotation
This looseleaf volume is designed to provide attorneys with detailed explanations and advice about strategic and tactical decisionmaking in pretrial discovery in civil litigation.
Abstract
The text assumes familiarity with the law of civil procedure. It highlights the central questions facing the litigator conducting discovery and identifies the most important factors the litigators should consider in answering those questions. Using a cost-benefit approach to discovery decisionmaking, the text lists the main advantages and risks of each strategic and tactical discovery option. Informal devices examined include exchanges of information between attorneys, personal interviews by attorneys, telephone interviews, visits to the scene of events, document collection, the hiring of private investigators, and information-gathering from government and private organizations. Formal devices discussed include deposition upon oral examination, interrogatories, requests for documents, the subpoena duces teum, physical and mental examination, and requests for admission. The impacts of discovery strategy and tactics on motion practices, settlement, and trial are also discussed. Case examples, footnotes, sample letters and questions, an appended list of State discovery statutes and rules, and index.