Is It Discoverable?

• Author: Ashley Lipson
• Pages: 580-602

Guerrilla Discovery

Ashley Lipson

DISCOVERY COLLECTION

James’ Best Materials

2-1

Every gain in speed increases not only the attacker’s

security but the defender’s insecurity.

-B.H. Liddell Hart

Chapter 2

Is It Discoverable?

§2.10 WHAT IS THE SCOPE OF DISCOVERY?

§2.11 The Courts’ Discretion

§2.12 Does Discovery Equate to Admissibility?

§2.20 IS IT DISCOVERABLE?

§2.21 Degree 1: Immediately Discoverable

§2.22 Degree 2: Discoverable

§2.23 Degree 3: Discovery Qualified

§2.24 Degree 4: Discovery Unlikely

§2.25 Degree 5: Not Discoverable

§2.26 Degree 6: Never Discoverable

§2.30 ARE ELECTRONIC AND DIGITAL INFORMATION DISCOVERABLE?

§2.40 WHAT ARE THE AVAILABLE DISCOVERY WEAPONS?

§2.50 IS THERE A LIST OF EVERY CONCEIVABLE DEFENSE TO EVERY DISCOVERY DEMAND?

§2.60 IS DISCOVERY PERMITTED FOR ADR (ALTERNATIVE DISPUTE RESOLUTION)?

§2.61 Private Agreements

§2.62 The Federal Arbitration Act

§2.63 State ADR Statutes

§2.70 FOREIGN DISCOVERY – HOW DO I HANDLE IT?

§2.71 Using the FRCP

§2.72 The Hague Convention

§2.73 Appeal for Assistance

§2.80 CRIMINAL DISCOVERY – DOES IT EXIST AND IS IT CIVILLY RELEVANT?

§2.90 THE FORMS THAT YOU NEED

Form 2.1(a) Motion for Letter of Request1

Form 2.1(b) Letters of Request

Form 2.2 Criminal Discovery Checklist

Form 2.3 Victim’s Request for Records

Form 2.4 Motion for Early Punitive Damages Discovery