Goals for Discovery in Litigation

Posted by Frederic Douglas | Nov 09, 2011 | 0 Comments

Formulating a discovery plan is necessary for effectively conducting litigation.
The discovery process (essentially, gathering evidence) is usually the most critical and costly part of litigation. Failure to make a good plan can easily set a case up for excess costs, wastes of time, and evidentiary disasters.

Detailed discovery planning increases the likelihood of ending the litigation on the best terms feasible. If you have solid evidence to counter a major point of your litigation opponent, then you may seriously expect to persuade the opponent to concede that point.

Merely just going through the motions and hoping to pull off a miraculous presentation at trial should be parts of a Hollywood script but not a part of your litigation strategy, which involves a real case pursued with your real dollars.

While making your discovery plan, assess whether you have a chance at settling the case at an early point. If that is the case, it probably is better to allocate funds to sweetening the settlement offer instead of spending the same funds on protracted discovery.

If early settlement seems unlikely, discovery may serve to “discover” a basis to bring the case to early settlement or an early dismissal.

Discovery results can be essential for winning motions for summary judgment, motions in limine, or other motions to narrow the issues in dispute for trial.

About the Author

Frederic Douglas

Frederic M. Douglas is an attorney practicing IP litigation. (949) 293-0442 @PhredDouglas In 1996, Mr. Douglas graduated from the University of California, Berkeley with a Bachelor of Science degree in chemical engineering. In 1999, he received his Juris Doctorate degree from the University of...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Law Office of F. M. Douglas, Esq. Is Here for You

At The Law Office of F. M. Douglas, Esq., we focus on Litigation, Patent Applications, Trademarks, Copyrights, Trade Secrets, and DUI Defense and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Office of F. M. Douglas, Esq. is committed to answering your questions about Litigation, Patent Applications, Trademarks, Copyrights, Trade Secrets, and DUI Defense issues.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.