Category Archives: Pretrial Agreements

Pretrial Agreements Made Easy

These agreements will make life easier for both sides and do not advantage one side over the other. Waiting until you are in the heat of battle to try to reach these agreements, one side or the other will feel … Continue reading

#1 Pretrial Agreements – Communication Technology

Discovery Disputes Will Be Resolved with a Phone Call Between Lead Counsel. One of the most counter-productive litigation activities is the discovery dispute letter.  Lawyers write these multi-page, single-spaced tomes not for the purpose of working out discovery disputes, but … Continue reading

#2 Pretrial Agreements – Depositions Procedures

Depositions Will Be Taken by Agreement and Will Be Limited in Number and Length. Some counsel try to gain an advantage by unilaterally noticing depositions or by overstrategizing the issue of whose witnesses will be deposed first.  These issues tend … Continue reading

#3 Pretrial Agreements – Same Court Reporter – Videographer

The Parties Will Share the Same Court Reporter and Videographer. Counsel often fail to cooperate on the selection and negotiations with a court reporting firm. This is a mistake. The parties can easily cooperate to choose a court reporting firm … Continue reading

#4 Pretrial Agreements – Motion For Summary Judgment

Papers Will Be Served by E-Mail on All Counsel. Some lawyers still do not serve papers by e-mail unless required by the rules.  Their reluctance may in some circumstances be motivated by misguided tactical considerations; they want their opposing counsel … Continue reading

#5 Pretrial Agreements – Documents Produced On Rolling Basis

Documents Will be Produced on a Rolling Basis. There is no real advantage to be gained for either side in posturing over when documents will be produced.  And delays in document production can only lead to inefficiencies and fights about … Continue reading

#6 Pretrial Agreements – Pick Five Custodians For Production

Each Side Will Pick Five Custodians for Production of Electronically-Stored Records. Electronic discovery has become the most expensive and time-consuming part of the pre-trial practice in most cases.  But pre-trial agreements can help to reduce the burden. Electronic discovery is … Continue reading

#7 Pretrial Agreements – Ask Court to Choose a Protective Order

The Parties Will Ask the Court to Choose a Protective Order. Sometimes discovery is bogged down from the very beginning when the parties cannot agree on the form of a protective order.  This is particularly a problem in patent infringement … Continue reading

#8 Pretrial Agreements – Sequential Exhibit Numbering

Exhibits Will Be Numbered Sequentially. It becomes apparent that many litigators are not thinking about trial when they start numbering deposition exhibits.  It is a particularly annoying practice to number exhibits separately for each deposition.  When this is done, the … Continue reading

#9 Pretrial Agreements – Share the Expense of Imaging Deposition Exhibits

The Parties Will Share the Expense of Imaging Deposition Exhibits. Just as the parties should cooperate in selecting a court reporting firm, they should cooperate and share the cost of imaging all deposition exhibits.  There is no advantage to anyone … Continue reading

#10 Pretrial Agreements – Neither Side Will Be Entitled to Discovery of Communications with Counsel or Draft Expert Reports

Neither Side Will Be Entitled to Discovery of Communications with Counsel or Draft Expert Reports. The parties can greatly reduce the cost of expert work and discovery by agreeing that communications between experts and counsel, as well as draft expert … Continue reading

#11 Pretrial Agreements – Production Does Not Waive the Privilege

Production Does Not Waive the Privilege. One of the major hindrances to quick and efficient production of documents is most attorneys’ fear of producing privileged documents.  This fear can lead to overly long and detailed privilege reviews and production of … Continue reading

#12 Pretrial Agreements – Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection

Each Side May Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection. As document productions have gotten larger in complex cases, so have privilege logs.  It is not all that unusual anymore to see … Continue reading