approaches to discovery. discovery is controlled by statute or rule, so know your state rules
TRANSCRIPT
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Approaches to Approaches to DiscoveryDiscovery
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Discovery is controlled by Discovery is controlled by statute or rule, so know statute or rule, so know
your state rulesyour state rules
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The Primary Forms of Formal Discovery
Depositions
Interrogatories
Requests for Production of Documents
Requests for Admission
Subpoenas
Search Warrants
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DepositionsDepositions
Know your purpose
Keep it focused
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InterrogatoriesInterrogatories
Number allowed may be limited by statute
Make them very specific
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Requests for Production of Requests for Production of DocumentsDocuments
Number allowed may be limited by statute
Make them very specific
Not generally allowed to make them “create” a document
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Requests for AdmissionRequests for Admission
Look for issues to have them lay foundation
● For documents you’ll admit
● To do away with an exemption
● For jurisdictional issues
Number allowed may be limited by statute
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SubpoenasSubpoenasWill generally need to be supported by an affidavit
Can be to the target
Can be to the bank
Can be to a B/D
Can be to a hotel for meeting records
Must be narrowly crafted
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Search WarrantSearch Warrant
Will need to have an affidavit to establish probable cause and possibly exigent circumstances
Typically only in criminal cases
Must be narrowly crafted
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Informal DiscoveryInformal Discovery
A/k/a Other sneaky ways to get information
Be creative – What other sources do you have for information