The discovery pool is drawn from the inventory by random selection, party picks, or agreed criteria. Pool cases undergo full case-specific discovery including plaintiff depositions, treating physician depositions, and case-specific expert work.
Trial cases are then selected from the pool.
Alternative Names:
Discovery Pool Cases, Bellwether Discovery Pool
Why it Matters?
Pool size determines both cost and representativeness, since a larger pool produces better trial case selection at substantially higher discovery expense. The composition method matters more, because a pool drawn from party picks alone contains only each side's strongest cases and produces bellwether results that misprice the inventory. Random selection with strike rights is the structure that best balances the concerns.
Frequently Confused with
Related terms
Frequently asked questions
How is the pool composed?
Why does pool size matter?
