Discovery
Scope and Framework
Phased discovery conducts limited discovery on a defined issue before proceeding to the remainder. Common first phases address jurisdiction, class certification, general causation, or a dispositive threshold defense.
It is established by agreement or case management order.
Alternative Names:
Staged Discovery, Sequenced Discovery
Why it Matters?
Phasing is the most effective cost control available in complex litigation, because a threshold ruling can end the case before full discovery is incurred. Defendants should propose it wherever a genuinely dispositive issue can be isolated, since the alternative is funding complete discovery on a case that may fail on a single question. Plaintiffs resist because phasing delays merits discovery and extends the overall timeline.
Frequently Confused with
Related terms
Frequently asked questions
What issues suit a first phase?
Why do plaintiffs resist phasing?
