What is the one thing you would change about discovery rules if you could? In CA I’d implement mandatory disclosure of all damages by Plaintiff at the time of filing.

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That’s great for a defendant, but it’s unworkable. Damages may turn on financial info in the defendant’s possession. So how could a plaintiff be able to put together a non-speculative model pre-discovery? Sounds less like a rule to ease discovery burdens and more like a rule to give defendants an advantage.

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I have practiced in FL, CA and NYC, and NY has it right. A million times better. After filing there is an initial conference where you have to disclose all injuries, damages and sign authorizations to get all records. It cuts the bullshit guesswork and short circuits the ENTIRE written discovery process (there is none, you go straight to depos.) I can’t understand why other states don’t follow suit.

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Defendants should have to affirmatively brief and defend their “interpretations” of plaintiffs’ RFPs. 🤣

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Discovery responses for defendants should be 60 days as a default whereas plaintiffs’ stays at 30. It’s a lot tougher to gather documents and responses for a company than it is for a single plaintiff suing. Also, the judges need to apply the rules more objectively, such that when a plaintiff completely disregards discovery rules they are looked down upon to the same extend a defendant is.

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On defense side I’m propounding discovery before I’m even Answering/demurring for that very reason. Judge isn’t going to give sanctions at the first Motion to Compel, but by the second they have to

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More clarity on nonparty discovery rules (also in CA). God, it’s a mess to deal with when you get dragged into a case as a nonparty.

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In CA, they should eliminated the newish rule that makes you list the bates range responsive to each particular document request.

I’m still a junior litigator, but I don’t understand written discovery. It often seems like complete nonsense is being exchanged.

I love that rule. Makes more work for me sometimes, but it seems to have pumped the brakes on some of the nonsense document dumps I’ve gotten before.

I’m not sure there’s necessarily a better system but if I stop practicing it will be because lawyers basically exist to have nonsensical fights about (i) documents that need to be produced, or (ii) enormous quantities of documents that won’t ultimately matter to the case but will cost absurd amounts to collect and review. And I’d have clients understand there is no bad document privilege.

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