LAW 947LEC - Discovery Strategy & Deposition Tactics

This is a course on methods, and as such our emphasis will be on (a) the statutory materials which form the basis for the taking of discovery in general; and depositions in particular; and (b) working with the working papers we have assembled, which are intended to provide a jumping off point for the discussion of the tactics and strategy of conducting discovery generally, and depositions in particular. Our goal will be to work towards an understanding of the overall context of discovery practice. We will cover both the Federal Rules of Civil Procedure and the New York Rules of Civil Procedure provisions that are pertinent, in the hope that the contrasts and similarities between the two sets of rules will provide some illumination. As suits a course on methods we will be proceeding with a minimum amount of lecture, and as much participation as possible. In general we will devote the first portion of the class to a discussion of practical approaches to the taking of discovery, referencing the relevant statutory provisions as we proceed. The second portion of each session will consist of a pair of depositions: a student will be assigned to take the deposition of the plaintiff, and a student will be assigned to take the deposition of the defendant in one of the example cases. We will critique as we go, and will look to the class to do likewise.

Credits: 1