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 23 of Handling Federal Discovery continues to provide signif‌icant legal updates to numerous tasks

associated with federal discovery. Nearly 100 new (and recently decided) cases have been added, case authorities

and their related legal concepts have been further updated to ref‌lect more compelling and recent jurisprudence in the

last few years, and some sections have been rewritten to conform to modern e-discovery approaches. As the scope

and speed of technology begins to impact discovery more and more, analyses and discussions have been expressly

ref‌ined to ref‌lect modern electronic discovery practices (i.e., discussion of Technology-Assisted-Review (“TAR”) fre-

quently employed in large and complex discovery matters). Practitioners will continue to f‌ind a dedicated focus on split

of authority issues as well, so as to anticipate and successfully navigate them when they are advanced.

Some key developments covered include:

PLANNING DISCOVERY

• Determine Discovery Goals (Task 1)

• Discovery ESI (Task 6A)

• Draft/Submit Proposed PTO (Task 6C)

PRELIMINARY INVESTIGATION

• Client Interview (Task 7)

• Review Client’s Documents (Task 8)

PRIVILEGE & WORK PRODUCT

• Asserting Privileges (Tasks 12-13)

DISCLOSURES

• Setting Up Initial Meeting (Task 20)

• Prepare FRCP 26 Discovery Plan (Task 22)

• Initial Disclosures (Task 23)

INTERROGATORIES

• Propound Interrogatories (Task 30)

• Respond to Interrogatories (Task 31)

NON-PARTY DISCOVERY

• Prepare Subpoenas (Task 40)

• Challenge Subpoenas (Task 41)

PHYSICAL AND MENTAL EXAMINATIONS

• Request Examination (Task 47)

• Oppose Exam Request (Task 48)

REQUEST FOR ADMISSIONS

• Propound RFAs (Task 52)

EXPERTS

• Find and Retain Experts (Task 71)

• Make Expert Disclosures (Task 73)

FOREIGN DISCOVERY

• Choose Discovery Method (Task 98)

• Apply for Discovery (Task 99)

AND MORE!

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