Workflow Templates: Discovery Process Checklist

Initial Case Assessment

Identify the key facts of the case and relevant legal issues.

Determine the scope of discovery based on case complexity and jurisdictional rules.

Create a list of potential witnesses, documents, and other evidence to be collected.

Preservation of Documents

Issue a litigation hold notice to all employees, informing them of the need to preserve relevant documents.

Identify and secure all physical and electronic sources of potentially relevant information.

Document the preservation efforts and steps taken to prevent spoliation of evidence.

Formulation of Discovery Plan

Meet with the client to discuss discovery objectives, budget, and potential concerns.

Collaborate with opposing counsel to develop a discovery schedule and protocols.

Prepare a discovery plan outlining the types of discovery tools to be used, such as interrogatories, requests for production, and depositions.

Implementation of Discovery Requests

Draft and serve interrogatories and requests for production of documents on the opposing party.

Respond to discovery requests received from the opposing party in a timely manner.

Review and analyze the information collected to identify key evidence supporting the client's case.

Conducting Depositions

Identify the individuals to be deposed and schedule depositions with the opposing counsel.

Prepare the witness and outline key topics and questions for depositions.

Review deposition transcripts and integrate the information into the case strategy.

Motion Practice

Prepare and file any necessary motions to compel discovery or to protect against overly burdensome discovery requests.

Respond to motions filed by the opposing party related to discovery disputes.

Attend and argue discovery-related motions in court, if required.

Review and Analysis of Collected Discovery

Organize and review all collected documents and information for relevance and privilege.

Create a system to track and manage evidence, including a privilege log if necessary.

Assess the strengths and weaknesses of the case based on the discovered evidence.

Preparation for Trial

Determine which evidence obtained during discovery will be presented at trial.

Prepare pretrial disclosures and exchange exhibit lists with the opposing counsel.

Develop a trial strategy incorporating the evidence, witness testimony, and legal arguments.

Template Library Home

Discovery Process Checklist

Initial Case Assessment

Preservation of Documents

Formulation of Discovery Plan

Implementation of Discovery Requests

Conducting Depositions

Motion Practice

Review and Analysis of Collected Discovery

Preparation for Trial

Use this template in Manifestly

Template Library Home

Discovery Process Checklist

Initial Case Assessment

Preservation of Documents

Formulation of Discovery Plan

Implementation of Discovery Requests

Conducting Depositions

Motion Practice

Review and Analysis of Collected Discovery

Preparation for Trial

Use this template in Manifestly

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