Litigation Strategy and Case Evaluation
Case Assessment
The plan identifies elements requiring proof, facts supporting each, sources for obtaining them, and the discovery vehicles to be used. It sequences activity to build efficiently toward dispositive motions or trial.
It differs from a discovery plan by focusing on proof rather than process.
Alternative Names:
Investigation Plan|Fact Discovery Plan
Why it Matters?
Working backward from the elements requiring proof prevents the discovery that produces volume without advancing the case, which is the pattern in matters where requests were issued before the theory was developed. Identifying which facts are genuinely contested, versus assumed contested, narrows the effort substantially. The plan should also identify facts the opponent must establish and where their proof is likely weakest.
Frequently Confused with
Related terms
Frequently asked questions
Why work backward from the elements?
What else should the plan identify?
