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Here's what every lawyer should consider when creating a discovery plan: 1) Agree on timelines for your discovery plan. ... 2) Provide a list of custodians. ... 3) Lay out parameters for information disclosure. ... 4) Keep legal holds in mind. ... 5) Make sure preservation methods are forensically sound. ... 6) Define protective orders.
A litigation discovery plan provides the scope of discovery and a timeline for implementing the discovery to support legal theories, remedies and to counter defenses. Preparing a discovery plan. There is no right or wrong way to prepare a discovery plan.
Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Discovery may involve the existence, description, nature, custody, condition and location of books, documents, electronically stored information or other tangible things, as well as the identity of the person or persons having knowledge of something that is ?discoverable.? Even if something is arguably NOT discoverable ...