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DISCOVERY TECHNIQUES FOR THE DEFENSE. A. Interrogatories. f preparing answers to interrogatories from the plaintiff. They are time intensive to prepare (assuming one follows the bar against “canned interrogatories” contained in the 1973 Committee Comments to A.R.C.P. 33), often meaning that the defense lawyer puts off pr.
• Will the discovery order effectively facilitate a mediation or other ADR process? • Can a party’s interests be served by discovery only with respect to particular issues in dispute? • Should discovery occur by reference to defined categories and, if so, how should those categories be defined so as, on the one hand, to maximise the
“Discovery” in the context of U.S. trial practice refers to the process by which parties to a legal proceeding gain access to facts which may directly or indirectly support their claims or defenses.
We describe qualitative techniques rarely found in law review writing, such as process tracing, theoretically informed sam-pling, and most similar case design, among others. We provide examples of best practice and illustrate how each technique can be adapted for legal sources and arguments. INTRODUCTION.
fundamental question: How do we know if it is even possible for judges to manage discovery in every case so that it is proportional? I wanted something more than anecdotal information—“anecdata,” as Professor Rick Marcus calls it. No, I wanted concrete examples. So I began to think about how I could find out whether proportional discovery was
15 lut 2021 · Discovery is intended to: narrow and clarify the issues that will be presented to the court; find out the claims of each party; find out the important facts and details of your case and your opponent’s case;
10 lut 2017 · How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document’s meaning or a drafter’s intent.
