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.