02/08/2024
When drafting written discovery, many attorneys believe it is important, perhaps even necessary, to include contention discovery requests asking the responding party to provide evidence of the language set forth in their pleading. Attorneys reason that, by including a restatement of the language in the pleading, they can safely assume they will get all the responding party's evidence.
In reality, that's simply not the case. Contention discovery requests are often highly objectionable and subject to too much subjective interpretation. Specifically tailored discovery requests will always provide attorneys the best opportunity to obtain the evidence they need to actually take a case to trial. It can also save valuable space when discovery is limited either by statute, rule or forum. When an attorney can draft this type of effective discovery, while still allowing for the opportunity to conduct additional discovery if needed, they will place themselves in an ideal position as they move forward to summary judgment or trial.
Learning how to draft effective discovery is difficult, especially if an attorney does not understand why each request is necessary for the greater purpose of the case. Fortunately, ELT's Bootcamp course not only teaches how to do this, it also guides attorneys through the entirety of the litigation process so that there is a true understanding of why the discovery is important and being used. Don't wait. Visit www.elitelitigationtraining.com now to learn more about joining our next Bootcamp course and start accelerating your career today!
