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Discovery Problems and Their Solutions, Third Edition teaches effective discovery. Judge Grimm and Messrs. Fax and Sandler interweave practical advice with case law and keen observations. Important developments since the Second Edition are looked at. This Third Edition also continues its focus on practice under the 2006 electronic discovery amendments to the Rules. Electronic discovery is inherently different from other types of discovery, and this book insightfully takes those differences into account. Discovery Problems and Their Solutions, Third Edition is an invaluable resource for discovery techniques and for associated motion practice. Today, Lawyers And Clients Devote A Great Deal Of Time, Effort And Expense To Discovery. More Often Than Not, Discovery, And Not Trial, Is The Central Battleground Of A Case. The Need For Analytical And Strategic Guidance On Problems Related To Discovery Is Essential, As Much Of It Is Handled By Relatively Inexperienced Lawyers, And In The Case Of Document Production, By Legal Assistants. The Third Edition Updates The Case Law Of Discovery Since Publication Of The Second Edition In 2009; Addresses Substantive Amendments To Rule 26 That Were Enacted 2010; Includes A New Chapter On Social Media; And Reviews Developing Case Law On Spoliation And Sanctions Under Rule 37, The Growing Body Of Case Law On Discovery Of Electronically Stored Information (esi), And Other Evolving Discovery Issues--page [4] Of Cover. Framing Proper Interrogatories -- Interrogatories - Numerosity: Parts And Subparts -- Interrogatories - Propriety Of Definitions And Instructions -- The Timing Of Interrogatories And Requests For Production - How Soon Can You Ask And When Is It Too Late -- Interrogatories - Sufficiency Of Objectives -- Sufficiency And Supplementations Of Interrogatory Answers -- Interrogatories - Use In Court -- Document Requests - Numerosity, Propriety, Timing, And Sufficiency Of Objections -- Discovery Of Electronically Stored Information -- Discovery Of Social Network Evidence From A Former Employee -- Discovery Of Witness Statements -- Privilege Logs -- Inadvertent Discloser Of Privileged Material -- Motions For Mental Or Physical Examination -- Requests For Admission -- Notice Of Deposition - Timing -- Taking A Deposition - The Basics -- Depositions - Making Procedural And Evidentiary Objections -- Asserting Privileges During Deposition -- Instructing A Witness Not To Answer A Question. Misconduct By Counsel At A Deposition And During A Deposition Recess -- Video Depositions - Who May Attend A Deposition -- Submission Of Depositions Transcript To Witness For Review And Signature -- Compensation For Treating Physician's Deposition Preparation And Testimony -- Depositions Of Corporations And Other Entities Under Rule 30(b)(6) -- Discovery Of Oral Communication And Privilege Documents Provided To A Witness -- Discovery Of Jury Consultant And Focus Group Materials And Related Communications -- Ethical Considerations In Representing Your Corporation Client's Employees In Deposition -- Discovery Of Foreign Citizens And Residents -- Use Of Adverse Party's Deposition At Trial -- Use Of Trial Of Deposition Of Unavailable Witness -- Use Of Deposition For Impeachment At Trial -- The Timing Of An Expert Deposition -- Timing And Supplementation Of Expert Disclosures -- Expert Disclosures - Treating Physician And Other Hybrid Fact/expert Witness. Taking An Expert's Deposition - The Basics -- Discovery Of Oral Communications And Privileged Documents Shared With Expert -- Discovery Of Facts Known Or Opinions Held By Expert Not Expected To Testify At Trial -- Deposing Opposing Party's Former Expert In The Same Case -- Discovery Of Draft Report By Testifying Expert -- Discovery And Daubert -- Reasonableness Of Fees And Expenses Charged To Deposing Part By Adverse Expert -- Rule 26(a) Disclosures And Rule 37(c) Motion For Failure To Disclose, Misleading Disclosures, Or Refusal To Admit -- Sanctions For Bad-faith Discovery Requests: The Requirement Of A Signature On Discovery Requests, Responses, And Objections -- Motion To Compel Discovery - Motion For Protective Order -- Rule 37(d) Sanctions For Failure Of A Party To Attend Its Own Deposition Or Respond To Interrogatories Or Document Production Requests -- Nonproduction, Spoliation, Discovery Violations, And Adverse Inference. Sanctions For Failure To Comply With Court-ordered Discovery -- Sanctions For Failure To Cooperate During Discovery -- Chart Summarizing Discovery Sanctions. Paul W. Grimm, Charles S. Fax, Paul Mark Sandler. Includes Bibliographical References And Index. Today, lawyers and clients devote a great deal of time, effort and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential, as much of it is handled by relatively inexperienced lawyers, and in the case of document production, by legal assistants. The Third Edition updates the case law of discovery since publication of the Second Edition in 2009; addresses substantive amendments to Rule 26 that were enacted in 2010; includes a new chapter on social media; and reviews developing case law on spoliation and sanctions under Rule 37, the growing body of case law on discovery of electronically stored information (ESI), and other evolving discovery issues. Book jacket Cover; Title Page; Copyright; Publisher's Note; Contents; Dedication; Foreword; Acknowledgments; About the Authors; Introduction; Section 1: Interrogatories, Document Requests, Requests for Admission, and Motions for Mental and Physical Examinations; Overview; 1. Framing Proper Interrogatories; 2. Interrogatories-Numerosity: Parts and Subparts; 3. Interrogatories-Propriety of Definitions and Instructions; 4. The Timing of Interrogatories and Requests for Production-How Soon Can You Ask, and When Is It Too Late?; 5. Interrogatories-Sufficiency of Objections Teaches effective discovery. This book interweaves practical advice with case law and keen observations. It focuses on practice under the 2006 electronic discovery amendments to the Rules.