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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 31, 2023

Recorded event now available

or call 1-800-926-7926

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.


Discovery is often the most expensive phase of any lawsuit. Practitioners who know the rules and follow them have a substantial advantage over opposing counsel. They can obtain relevant information efficiently while minimizing unnecessary expenses because they know responses that are acceptable and objections that are subterfuge.

Parties make the process more onerous when they do not know or ignore the Federal Rules' requirements, such as by using form requests or "boilerplate" objections. This occurs in both written discovery, such as requests for production or interrogatories, and in depositions.

Even experienced attorneys continue to use noncompliant--often unhelpful--requests and respond with inadequate answers that risk waiving privileges and objections. Sometimes this is the result of using the wrong discovery tool, which increases unnecessary expense.

Listen as the panel reviews advanced topics in written and oral discovery under the FRCP.



  1. Written discovery
    1. General objections
    2. Recurring issues with requests for production
      1. Identifying documents withheld
      2. Form of production
      3. Organizing production
      4. Document dumps
    3. Recurring issues with interrogatories
      1. Identifying records under Rule 33(d)
      2. Counting
      3. Verification
    4. Other issues
      1. Waiver of privilege and objections
      2. Meet and confer standard
  2. Depositions
    1. Overbroad notices
    2. Meet and confer requirement
    3. Recurring issues with 30(b)(6) depositions
      1. Unknowledgeable witness
      2. Location of deposition
      3. Right to know the documents reviewed by the deponent
    4. Undisclosed fact witnesses


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"?


Fox, Stephen
Stephen E. Fox

Sheppard Mullin

Mr. Fox leads Sheppard Mullin’s Texas employment law practice. Consistently recognized by peers and clients as a...  |  Read More

Redmond, Robert
Robert F. Redmond, Jr.


Mr. Redmond focuses his practice on mass tort, product liability and complex commercial litigation. He frequently tries...  |  Read More

Webb, Victoria
Victoria Webb

Banner Witcoff

Ms. Webb focuses her practice on intellectual property litigation, administrative proceedings, and counseling....  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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