Craig W. Chaney | Reed Smith As opposing parties navigate the frightening process of discovery, “reasonableness” often lurks like an elusive spirit. While each party conjures their own version of what’s reasonable, the Federal Rules of Civil Procedure are summoned to provide guidance and temper disputes. The Rules have been repeatedly amended to help ensure… Continue reading No Tricks—Only Treats!—When Parties Collaborate to Meet the Challenge of “Reasonableness” in Discovery
Tag: Discovery
What is the Status of Discovery of an Expert Witness Relationship?
Theodore Babbitt | Searcy Denney Scarola Barnhart & Shipley In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer discoverable. That Court did not, answer the question of whether the same… Continue reading What is the Status of Discovery of an Expert Witness Relationship?
Can They Do That? Commonly Misused Phrases in Pleadings and Discovery
Nicholas Bauman and Lindsey Herzog | Arizona Attorney | November 2018 1 “The document speaks for itself” One commonly used phrase in answers and discovery responses is that a document “speaks for itself.” Many defense lawyers use this phrase to avoid conceding issues related to the interpretation of a writing, such as a contract. This… Continue reading Can They Do That? Commonly Misused Phrases in Pleadings and Discovery
Changes in the Arizona Rules of Civil Procedure Will Impact Your Case
Michael Ponzo | Property Insurance Coverage Law Blog | May 14, 2018 In 2017, the Arizona Supreme Court changed the scope and limits of discovery to “any non-privileged matter that is relevant to any party’ claim or defense and proportional to the needs of the case.”1 Starting in July 2018, Arizona Rule of Civil Procedure 26.2, will take… Continue reading Changes in the Arizona Rules of Civil Procedure Will Impact Your Case
Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington
Neal Philip | Insurance Coverage Law Blog | March 14, 2018 As previously reported in this blog, Washington case law generally affords insureds a broad right to the discovery of claim file materials, including information that should be protected from disclosure by attorney/client privilege or the work product doctrine. Cedell v. Farmers Ins. Co. of Washington,… Continue reading Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington