Complete the discovery in your case. As with investigation, the discovery of your case should focus on collecting and analyzing FACTS which will:

1. Prove the existence or non-existence of the substantive elements that entitle your client to a judgment;

2. Support your client’s version of the case;

3. Corroborate the opposing party’s version of the case; and

4. Contradict the opposing party’s version of the case.

Likewise, after discovery of all the relevant facts, you will have to analyze and weigh those facts in light of making a value judgment about them. Again, what you want to know is:

1. What can you prove?

2. Why should you prove it?

3. Who will prove it for you?

4. How will you prove it?

5. When should you prove it?

6. Where can you locate the proof for trial?

You are entitled to a wide latitude with case discovery so song as the information sought is relevant to the subject matter and appears reasonably calculated to lead to the discovery of admissible evidence.


Answer opposing counsel’s interrogatories within the time allowed by the Rules. If that cannot be done, request opposing counsel to grant you a reasonable extension of time in which to do so.

Use interrogatories whenever possible. They are an inexpensive method of discovery and provide an excellent background to prepare for the taking of depositions.

Send the opposing party’s interrogatories to your client for their review. Have your client answer them in their own words. Review their answers to interrogatories and schedule an appointment for the client to go over the typewritten answers and to sign the original copy of answers.


Schedule depositions at a time convenient to everyone. This will prevent cancellations and save everyone time and money.

Prepare yourself for the taking of depositions. Consider the lines of inquiry and questions you will want to ask of the deponent. Cover the liability and damage aspects of your case. Depositions taken of opposing parties and witnesses is permissible cross examination under the Rules. So do ask leading questions of the deponent.

Prepare your client and witnesses for the taking of their scheduled depositions. Explain to them the purpose and procedure involved in the taking of a deposition. Have them review their answers to interrogatories, previous statements, and any other documents or exhibits you anticipate will be covered in their depositions come back to haunt you during trial.

Make sure all of your witnesses (especially experts) will be available for the trial of your case. If a witness won’t be available, you may certainly want to consider taking a witness’s deposition to perpetuate such testimony for purposes of the trial.