Oral and Written Discovery in Civil Cases: Strategies for Responding to Recurring Deficiencies
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Written discovery
- General objections
- Recurring issues with requests for production
- Identifying documents withheld
- Form of production
- Organizing production
- Document dumps
- Recurring issues with interrogatories
- Identifying records under Rule 33(d)
- Counting
- Verification
- Other issues
- Waiver of privilege and objections
- Meet and confer standard
- Depositions
- Overbroad notices
- Meet and confer requirement
- Recurring issues with 30(b)(6) depositions
- Unknowledgeable witness
- Location of deposition
- Right to know the documents reviewed by the deponent
- Undisclosed fact witnesses
Benefits
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"?
Faculty
Stephen E. Fox
Partner
Sheppard Mullin Richter & Hampton
Mr. Fox leads Sheppard Mullin’s Texas employment law practice. Consistently recognized by peers and clients as a... | Read More
Mr. Fox leads Sheppard Mullin’s Texas employment law practice. Consistently recognized by peers and clients as a “go-to” courtroom advocate, he has been inducted as a Fellow into the prestigious College of Labor and Employment Lawyers and selected by his peers as one of the Top 100 attorneys in Texas. In 2019, Mr. Fox was selected by Best Lawyers (2020) as a Lawyer of the Year in the field of labor/employment litigation. He graduated from the University of Virginia’s School of Law and obtained his undergraduate degree from the University of Notre Dame. Mr. Fox's litigation and counseling practice is centered around labor/employment and complex business disputes. His business litigation experience includes trying cases involving trade secret theft, breaches of contract and fiduciary duties, business torts (fraud, unfair competition, defamation), and corporate espionage. In the area of labor/employment law, Mr. Fox has significant experience in defending wage and hour class actions, including claims for off-the-clock work, overtime pay, and meal and rest period violations. He has also tried cases involving claims of discrimination on the basis of race, sex, age, religion, disability, national origin, marital status, sexual orientation, and other classifications, leaves of absence (ADA, FMLA), corporate downsizing, and non-competition violations.
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Audra C. Eidem Heinze
Shareholder
Banner Witcoff
Ms. Heinze applies a strategic and creative approach to resolving client needs, whether related to complex litigation,... | Read More
Ms. Heinze applies a strategic and creative approach to resolving client needs, whether related to complex litigation, opinion work, or transactional issues involving patents, trademarks, or copyrights. Her experience involves an extensive range of fields including, imaging devices and supplies, computer hardware and software, and athletic footwear, apparel and equipment. Ms. Heinze has represented clients in numerous proceedings across the country, including in California, Delaware, Florida, Illinois, Maryland, Mississippi, Missouri, Nevada, New York, Ohio, Oregon, Puerto Rico, South Carolina, Texas, the International Trade Commission, the PTAB, and the TTAB. She successfully sought affirmance at the U.S. Supreme Court—in a unanimous decision—of the lower court’s dismissal of the defendant’s trademark invalidity counterclaim.
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Robert F. Redmond, Jr.
Partner
McGuireWoods
Mr. Redmond focuses his practice on mass tort, product liability and complex commercial litigation. He frequently tries... | Read More
Mr. Redmond focuses his practice on mass tort, product liability and complex commercial litigation. He frequently tries jury cases to verdict in state and federal courts around the country.
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