Discovery can be a mind-boggling lineup of requests for admissions, requests for production of documents, requests for interrogatories, depositions, motions to compel, protective orders, and notices. Despite all that, your strategy for discovery is to get as much out of your opponent as you can while holding back as much as the law will allow.
The discovery stage of a case is make or break. It’s where the rubber meets the road, where the evidence to be considered by the judge or jury gets into the record. It’s not something you should do at the last minute. In fact, you should be thinking about it long before you file your complaint or answer. Here’s a simple strategy to begin the process, with a link to samples and templates.
Is a pro se litigant assumed to be committing legal malpractice? A New Jersey appeals court says maybe, urging judges to ensure that all parties understand the consequences of ignoring requests for admissions, opposing summary judgment without evidence, and other legal requirements. The court reversed a summary judgment against a pro se litigant based on his own incompetence and his willingness to get a lawyer.
When you reach the discovery stage of your case, the fun is just beginning. Now you get to evaluate your opponent’s evidence. Watch out for landmines though, like unanswered requests for admissions.