2.22.2011

MIDTERM- 49.5/75 Class average

Discovery Project- Due next Tuesday

RTP- Discovery which is random and not part of a focused effort is not productive or effective.

Hallmarks of good discovery project- 1. Is there a focused, directed attack? 2. How well tailored is your discovery to that goal?

p. 327 BAD EXAMPLE - use standard Washington form (as for pleadings)

"Reasonable particularity" test- "all" or "every" too broad.

... including, but not limited to...(3 or 4 examples of what you want).

...memos, emails, messages, and the like.

Washington does not file RTP's with court. (Enormous amount of paper storage required).

Objection- Relevancy- why would you produce the documents anyway?
1) Harmless
2) Less likely to question other productions
3) No motion to compel
4) Production does not equal admission as to its admissibility
5) Save you time and hassle

Discovery Review- time consuming and tedious, "like panning for gold"

RTPs- Send out to client the next day. Be sure to notate which questions the attorney will answer. Work with client in document production. You need to know what exists that could hurt your case, what is being edited or not edited.

If you are asked for a document and don't produce it you are in trouble, and you cannot use it either.

NEVER release originals. Make a copy.

Bates Stamping- Sequential numbering for all documents- Now done with photocopier or as a footer in Adobe.

Redaction- removing information from a document before duplicating the document and turning the duplicate over to another party in response to a request for production.

NEVER take notes on originals, or allow clients to write notes on original.

ORGANIZE- Documents after production. You will need to be able to locate and produce specific documents as needed. Table of Contents, by topic, chronologically, etc. Whatever works.


CR 34- More than documents. DISCOVERY PROJECT- Include requests other than documents.
Can be used to go look at property of party. p 339
How can you get permission to inspect property of NON-party? CR 45(b)(2) & 45(c)(2) SDT