Assignment:
Ira Mendelson v. Jose Servantes: Discovery Plan
Discovery is a very significant part of the litigation process. It is important to be thorough. Therefore, the development of a discovery plan is a necessity.
After the initial meeting with your client and a telephone conference with Jose's lawyer, you schedule a discovery conference to discuss claims and try to settle the case. The parties however do not agree on settlement. Your lawyer asks you to draft a discovery plan of one to three pages. The plan must identify the legal and factual issues that will be explored through discovery.
The plan must include:
Methods of discovery that the parties must agree to
Deadlines
Number of interrogatories and depositions
Phases of discovery such as first phase-exchange of interrogatories and documents; second phase-depositions of independent witnesses; and third phase-depositions of the parties
Durance of each phase
All disagreements or provisions made by the party-your client may want particular information to be kept confidential such as the name of his company
List of the subjects that will be covered in the discovery
Approximate expenses such as expert witness fees
The meeting will take place on June 6, 2013, at 2003 West Kingsboro Avenue, Clearwater, NJ 33764.
The meeting will be attended by the attorney for the defendant, Ms. Nyadate, and the attorney for the plaintiff, Mr. Olley.
Plan the date for reports from experts for pretrial conference. Check the court rules for the state, and find out the number of interrogatories, time limit to provide lists of witnesses and exhibits, and dispositive motions, if any. Provide the assumed date for trial.