目次

Preface: Testimonial Discovery, Paper Discovery, the Rules, and How to Use this Book Acknowledgments A Guide to Selected Pretrial Proceedings-Pleadings, Disclosures, Discovery, and Related Motions-with References to the Federal Rules of Civil Procedure 1: Introduction to Discovery 2: Discovery Preliminaries, Frameworks, and Fundamentals 2.1 Discovery Preliminaries 2.2 Local Rules 2.3 Scope of Discovery 2.4 Additional Protections against Discovery Abuse 2.5 Signing and Certifying Discovery Papers 2.6 Service of Discovery Papers 2.7 Filing Discovery Papers 2.8 The Duty to Preserve Discoverable Material 2.9 Duty to Supplement 2.10 Extensions of Time 2.11 Claims of Privilege 3: Preparing for Discovery 3.1 Creating a Discovery Plan 3.2 A Checklist of Seventeen Discovery Objectives 4: Initial Disclosures 4.1 The Law 4.2 Drafting Initial Disclosures 4.3 Take Initial Disclosures Seriously 4.4 Sample Disclosures 5: Interrogatories 5.1 The Law 5.2 Strategies: Strengths and Weaknesses of Interrogatories 5.3 Information Best Sought by Interrogatories 5.4 Drafting Interrogatories 5.5 Responding to Interrogatories 6: Requests for Production and Inspection 6.1 The Law 6.2 Strategies: Strengths and Weaknesses of Production Requests 6.3 Information Best Sought by Production Requests 6.4 Drafting Production Requests 6.5 Responding to Production Requests 6.6 "Clawing Back" Documents 7: Physical and Mental Examinations 7.1 What Are Physical and Mental Examinations? 7.2 What Is the Procedure for Obtaining an Order? 7.3 When a Party’s Physical or Mental Condition Is in Controversy 7.4 What Is “Good Cause Shown”? 7.5 Who May Conduct the Physical or Mental Examination? 7.6 What Is the Scope of Permitted Examinations? 7.7 Who May Attend the Examination? 7.8 Information to Be Provided by the Examiner after the Examination 8: Subpoenas 8.1 The Law of Subpoenas 8.2 The Strengths and Weaknesses of Subpoenas 8.3 Responding to Subpoenas 9: Requests for Admissions 9.1 The Law 9.2 Strategies: Strengths and Weaknesses of Requests for Admissions 9.3 Drafting Requests for Admissions 9.4 Responding to Requests for Admissions 9.5 Form of Response 9.6 Objecting to Requests for Admissions 9.7 Moving for a Protective Order Regarding the Requests for Admissions 9.8 Moving for an Extension of Time in which to Respond 9.9 Withdrawing or Amending Responses to Requests for Admissions 10: Discovery of Electronically Stored Information (ESI) 10.1 Introduction 10.2 ESI Discovery Challenges 10.3 Preparing for and Making or Responding to ESI Discovery Requests 10.4 The Local Rules 10.5 Sources that Are Not Reasonably Accessible 10.6 Crafting Discovery 10.7 Form of Production of ESI Discovery 10.8 Conclusion 11: Compelling Discovery and Responding to Discovery Misconduct 11.1 Rule 37 Motions 11.2 Motion for an Order Compelling Disclosure or Discovery 11.3 Motion for Sanctions for Failure to Comply with a Court Order 11.4 Failure to Disclose, to Supplement an Earlier Response, or to Admit 11.5 Failure to Admit Requests for Admission 11.6 Party’s Failure to Attend Its Own Deposition, Answer Interrogatories, or Respond to a Request for Inspection 11.7 Form: Motion for Discovery Sanctions 11.8 Failure to Provide Electronically Stored Information 11.9 Failure to Participate in Framing a Discovery Plan 11.10 Discovery Misconduct by the Party Seeking Discovery 11.11 Prerequisites to a Motion for a Protective Order Afterword Appendix A: Form 52. Report of the Parties' Planning Meeting Appendix B: Suggested Protocol for Discovery of Electronically Stored Information (The "Maryland Protocols"), District Court for the District of Maryland Appendix C: Seventh Circuit Electronic Discovery Pilot Program (The Seventh Circuit Program), U.S. Court of Appeals Seventh Circuit Appendix D: The Sedona Principles (Second Edition 2007): Addressing Electronic Document Production Appendix E: Selected Federal Rules