Civil Discovery Standards: August 2004 Update

These Standards are intended as guidelines to assist the parties, counsel and the court in civil discovery. They are based on the premise that discovery can be costly and inefficient if it is conducted (or resisted) without a clear set of goals or a careful, reasoned plan. The Standards recognize the interrelated roles of the court and the parties and counsel in fairly and efficiently managing discovery, and therefore include suggested practices to guide both judges and the parties. Each Standard is intended (i) to eliminate unnecessary effort and expense, (ii) to restrict the opportunities for misusing the discovery process, both offensively and defensively, and (iii) where possible, to encourage a cooperative rather than adversarial approach to discovery. Attorneys should select the means and the methods of discovery which maximize the possibility that these intended goals will be achieved.

Overview of Contents

• Judicial Management and Party Involvement
• The Parties' Discovery Obligations
• Interrogatories
• Document Production
• Depositions
• Experts
• Claims of Privilege
• Technology