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 disadvantaged.

#1 Discovery Disputes Will Be Resolved with a Phone Call Between Lead Counsel.
#2 Depositions Will Be Taken by Agreement and Will Be Limited in Number and Length.
#3 The Parties Will Share the Same Court Reporter and Videographer.
#4 Papers Will Be Served by E-Mail on All Counsel.
#5 Documents Will be Produced on a Rolling Basis.
#6 Each Side Will Pick Five Custodians for Production of Electronically-Stored Records.
#7 The Parties Will Ask the Court to Choose a Protective Order.
#8 Exhibits Will Be Numbered Sequentially.
#9 The Parties Will Share the Expense of Imaging Deposition Exhibits.
#10 Neither Side Will Be Entitled to Discovery of Communications with Counsel or Draft Expert Reports.
#11 Production Does Not Waive the Privilege.
#12 Each Side May Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection.

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2 Responses to Pretrial Agreements Made Easy

  1. Ian Crosby says:

    If you can’t get your opposing counsel to take Steve’s pretrial agreement not to depose experts, consider passing on deposing your opponent’s experts and insisting on reimbursement of your own expert’s fees for preparing and appearing under Rule 26(b)(4)(E)(i). We’ve got at least $30k in fees coming back to us from one opponent for preparing and presenting our experts in one case, and our opponents in another went from wanting to depose all our experts, to only our liability expert, to none of our experts at all after we invoked this rule on them for what they said was the first time in their careers.

  2. Suparjo says:

    This is exactly ccroert. Also, in some jurisdictions, the public defenders do not even know who they represent until the day of the hearing. If they are appointed to cover a courtroom for a day (rather than being assigned the case), they may only be involved for 1 hearing and have no concept of what has happened before in the case. A systemic overhaul of the public defender program is appropriate, but unlikely to happen given the current economic climate.

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