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Glossary
Discovery
Scope and Framework terms within discovery.
discovery
Bifurcated discovery separates discovery on liability from discovery on damages or on another distinct issue.
Discovery is the pretrial process by which parties obtain relevant, non-privileged information from each other and from non-parties under court rules.
A discovery dispute is a disagreement over the scope, adequacy, or timing of discovery, resolved through conferral or motion.
A discovery plan is the parties' proposed framework for discovery, submitted to the court after their planning conference.
A discovery stay suspends discovery pending resolution of a dispositive motion or another threshold matter.
The duty to supplement requires parties to correct or complete discovery responses and disclosures that become incomplete or incorrect.
Expedited discovery is discovery conducted before the normal timeline, typically in support of preliminary injunctive relief.
Initial disclosures are the information parties must provide without a discovery request early in the case.
Jurisdictional discovery is limited discovery into facts bearing on the court's jurisdiction over a party.
Meet and confer is the required good-faith conference between counsel to resolve a discovery dispute before seeking court intervention.
Phased discovery sequences discovery into stages, addressing threshold issues before broader inquiry.
Proportionality is the requirement that discovery be proportional to the needs of the case, weighing importance, amount in controversy, burden, and access...
Relevance in discovery means bearing on a party's claim or defense, a narrower standard than the pre-2015 subject matter test.
The scope of discovery defines what may be obtained, limited to nonprivileged matter relevant to a claim or defense and proportional to the needs of the case.
Complex litigation, simplified.
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