Discovery

Discovery refers to the methods by which parties in a lawsuit obtain information from other parties or individuals. You probably have heard terms like “subpoena” before, but you may be less familiar with “interrogatories,” “requests for admission,” etc. This is an intensely practical subject, and like parts of a driver’s education, my view is that it is much better learned by doing than in the classroom. Our time on the subject will center on an experiential learning pedagogy where you will be asked to think about how you might use the main tools of discovery in a fictional case (patterned on a real one). I will have you read the relevant rules to prepare. I will also provide a treatise chapter as helpful background, but you will only be responsible for what you learn in class.