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Back by popular demand for the first time since 2006

Experienced Virginia litigators identify the tactics, explain the law, and provide suggestions on how to best represent your client through the discovery process.

With Commentary from the Bench.

Program Level: Intermediate

COURSE OVERVIEW

Our faculty has identified 30 common abusive discovery tactics, ranging from answers to interrogatories that begin, “Without waiving objections ...,” to “What can I do when my opponent objects to every request for admissions in which I ask for anything beyond genuineness of documents?” The problems discussed are ones faced by lawyers in their day-to-day practice. While some are simply annoying, others may have serious consequences. Learn how to respond effectively, so you can save money and quite possibly your client’s case. Hon. Stanley P. Klein (Ret.) will serve as the panel moderator and provide the view from the Bench.

ABUSIVE TACTICS TO BE DISCUSSED INCLUDE THE FOLLOWING:

Abusive Tactics in Interrogatories:
• Canned Interrogatories: Should you object, or is there a way to respond advantageously?
• Answers “Without Waiving Objections”: Why are these dangerous, and how can you compel full answers?
• More than 30: What counts as a question and what can you do about excessive parts and subparts?
• Unsigned Answers: What should you do with answers that aren’t signed but include a statement that they are waiting on signatures?
• Form Instructions and Definitions: Should you ignore these? Should you use them yourself?
• “State Every Fact”: How should you respond?

Abusive Tactics in Requests for Production of Documents:
• Overly Broad Requests: How should you respond to a request that asks for documents extending outside the legitimate issues in the case?
• Unduly Burdensome Requests: How should you respond when asked to produce far more material than is necessary?
• Irrelevant Requests: What is the best approach?
• Blanket Objections: How should you respond?
• Irrelevant Objections: What should you do when faced with objections that do not relate to the material requested?
• Privilege: How should you respond if documents are withheld on the basis of privilege but no privilege log or description is provided?

Abusive Tactics in Requests for Admissions:
• Excessive Number of Requests: What should you do when faced with a request for hundreds of admissions?
• Due Diligence: What happens when a party ignores the requirement to allege reasonable inquiry when asserting a lack of information sufficient to admit or deny?
• Use in Summary Judgment: What are the right and the wrong ways to use admissions in summary judgment motions?
• Amendment: Can your opponent really get the court to change all those “admits” to “denies”?
• Poor Draftsmanship: What should you do when faced with tortured syntax?
• Failure to Answer: What is the best response when your opponent objects to every request for admissions that asks for anything beyond genuineness of documents?

Abusive Tactics in Depositions:
How should you handle …
• Mischaracterizing Prior Answers
• Compound Questions
• Browbeating Witness
• Endless Inane, Irrelevant, and Mind–numbing Preliminary Questions
• Speaking Objection
• Improperly Instructing Deponent Not to Answer
• Taking Coaching Breaks
... And More

COURSE SCHEDULE

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“Very helpful program for dealing with common problems.”

“The speakers provided excellent practical advice.”

“Written materials were excellent!”