Preliminary Sections

• Author: William M. Audet/Kimberly A. Fanady/David Ling Y. Kuang
• Pages: 1-16

HANDLING FEDERAL DISCOVERY

BY WILLIAM M. AUDET, KIMBERLY A. FANADY & “DAVID” LING Y. KUANG

HIGHLIGHTS

Revision 24 of Handling Federal Discovery addresses the seismic shift in federal discovery caused by the

once-in-a-generation COVID-19 pandemic. Courts and practitioners alike have had to quickly adopt new technologies,

and adapt to shifting circumstances as technology continues to change discovery practices. Some would argue these

changes were long overdue. For example, this Revision addresses the new paradigm in remote depositions which, once

a rare occurrence, has now become part of what many courts call “the new norm.” See Task 61.

Revision 24 also again adds nearly 100 new (and recently decided) cases, replacing older cases that no longer

ref‌lect modern federal discovery practice, and further highlights the impact of the pandemic on different aspects of

federal discovery. Practitioners can continue to f‌ind a dedicated focus on evolving jurisprudence as well as an updated

practical guide on how to anticipate and successfully navigate federal discovery in the post-pandemic world.

Some key developments covered include:

PLANNING DISCOVERY

• Determine Discovery Goals (Task 1)

PRELIMINARY INVESTIGATION

• Interview Nonparties (Task 9)

• Pursue Public Sources of Information (Task 10)

PRIVILEGE & WORK PRODUCT

• Asserting Privileges (Tasks 12-14)

DISCLOSURES

• Attend FRCP 16 Scheduling Conference

(Task 25)

INTERROGATORIES

• Propound Interrogatories (Task 30)

REQUESTS FOR PRODUCTION

• Propound & Respond to Requests to Produce

(Task 36-37)

• Produce and Inspect Documents and Things

(Task 38)

NON-PARTY DISCOVERY

• Challenge & Enforce Subpoenas (Task 41-42)

PHYSICAL AND MENTAL EXAMINATIONS

• Request & Oppose Examination (Task 47-48)

REQUEST FOR ADMISSIONS

• Respond to RFAs (Task 53)

DEPOSITIONS

• Take Remote Depositions (Task 61)

EXPERTS

• Determine Whether to Retain Experts (Task 70)

COMPEL, RESIST, & AMEND DISCOVERY

• Meet and Confer (Task 80)

• Move to Compel Depositions (Task 82)

• Request Additional Discovery in Response

to MSJ (Task 96A)

• Oppose Request for Additional Discovery

for MSJ Response (Task 96B)

• Stipulated Protective Order (Form 32)

AND MORE!

We Welcome Your Feedback

Our most useful source of improvements is feedback from our subscribers, so if you have any comments, we would

be delighted to hear from you.

Revision Editor

James Publishing, Inc.

3505 Cadillac Ave., Suite P-101

Costa Mesa, CA 92626

Visit us on the Internet at www.jamespublishing.com.