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Discovery is successful when the evidence discovered supports a claim or defense or counterclaim, ideally eliminating the need for trial through summary judgment.
Pre-trial measures are successful when a court order limits the matters to be tried favorably.
Plaintiff’s Strategy
Plaintiff’s strategy at the Discovery stage:
- elicits facts supporting elements of the claim
- elicit facts opposing elements of affirmative defenses
- elicit facts opposing elements of any counterclaims
A plaintiff should successfully ensure all of these factors.
Defendant’s Strategy
Defendant’s strategy at the Discovery stage:
- elicit facts opposing the plaintiff’s claims
- elicit facts supporting affirmative defenses
- elicit facts supporting any counterclaims
A defendant should successfully ensure at least one of these factors.
Your Strategy
Take a moment to think about what YOUR strategy should be at the Discovery stage.
- What facts are necessary to support the plaintiff’s claims?
- What facts are necessary to support affirmative defenses?
- What facts are necessary to support any counterclaims?
You should answer these questions no matter whether you’re a plaintiff or defendant in the case.
Transcript
When doing discovery, avoid the proverbial fishing expedition.
If your discovery request is not designed to elicit fax supporting or refuting an element of a claim affirmative defenses or counterclaim, The lack of relevance can be grounds for objection.
In other words, limit your discovery to the evidence that supports a claim defense, or counter claim. Proper discovery might eliminate the need for trial and lead to a summary judgment.
The plaintiff strategy at the discovery stage is to elicit facts supporting elements of the claim And refute elements of affirmative defenses and counter claims.
The defendant strategy at the discovery stage is to elicit facts refuting elements of the plaintiff\’s claims, and elicit facts supporting affirmative defenses and counter claims.
Take a minute now to think about what your strategy should be at the discovery stage.
What facts are necessary to support the plaintiff\’s claims?
What facts are necessary to support affirmative defenses?
What facts are necessary to support any counter claims?
You should answer these questions no matter whether you\’re a plaintiff or defendant in your case.
What facts might refute the plaintiff\’s claims?
What facts might refute the affirmative defenses?
What facts might refute any counter claims?
You should answer these questions as well no matter whether you\’re a plaintiff or defendant in your case.