Approaches to Approaches to DiscoveryDiscovery

Discovery is controlled by Discovery is controlled by statute or rule, so know statute or rule, so know

your state rulesyour state rules

The Primary Forms of Formal Discovery

Depositions

Interrogatories

Requests for Production of Documents

Requests for Admission

Subpoenas

Search Warrants

DepositionsDepositions

Know your purpose

Keep it focused

InterrogatoriesInterrogatories

Number allowed may be limited by statute

Make them very specific

Requests for Production of Requests for Production of DocumentsDocuments

Number allowed may be limited by statute

Make them very specific

Not generally allowed to make them “create” a document

Requests for AdmissionRequests for Admission

Look for issues to have them lay foundation

● For documents you’ll admit

● To do away with an exemption

● For jurisdictional issues

Number allowed may be limited by statute

SubpoenasSubpoenasWill generally need to be supported by an affidavit

Can be to the target

Can be to the bank

Can be to a B/D

Can be to a hotel for meeting records

Must be narrowly crafted

Search WarrantSearch Warrant

Will need to have an affidavit to establish probable cause and possibly exigent circumstances

Typically only in criminal cases

Must be narrowly crafted

Informal DiscoveryInformal Discovery

A/k/a Other sneaky ways to get information

Be creative – What other sources do you have for information