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Bar Association of San Francisco Member Benefits: Publications

Top Ten Things To Do With Discovery Responses


By Carol Treasure, RN, PhD, JD, Cooper & Scully, P.C.


Attorneys expend tremendous effort drafting interrogatories and requests for admissions or documents. Having a checklist will assist you when reviewing the discovery responses. Below is a list of ten things you can do with discovery responses which can save you time and help with case management.

1. Prepare a Discovery Log

Create and regularly update a discovery log or table with service dates, due dates and deadlines for each set of discovery in your case.

2. Calendar Due Dates

Calculate and calendar your deadline for a motion to compel, which is usually determined by statute, unless you have an agreement to extend it.

3. Deposition To Be Taken

List in your discovery log, all identified, witnesses, treaters, employers, neighbors or family members who should be deposed.

4. Document Collection

Identify all employers, providers, hospitals, schools, funeral homes, agencies or other locations where you need to issue a subpoena for record collection.

5. Preparation of Follow-Up Interrogatories and Requests

Draft follow-up questions for further discovery.

6. Expert Review

Send your expert a copy of the discovery responses, particularly when there are new facts elaborating on any aspect of the allegations or defenses.

7. Exhibits for Trial

Decide which documents or discovery responses should be used as an exhibit at trial to impeach a witness or highlight inconsistencies in the pleadings or witness’ testimony.

8. Motions

Determine if discovery responses can be used to support a motion. An admission might support your factual evidence in a Motion for Summary Judgment, for example.

9. Meet and Confer Letter

Pay particular attention to incomplete or inadequate responses in order to prepare a meet and confer letter to opposing counsel about the deficient responses.

10. Client Summary

Summarize key points in the discovery responses for your client, particularly if approval for further work is needed.


Carol A. Treasure is a civil litigator who specializes in healthcare law, pharmaceutical product litigation, medical mal - practice and employment law at Cooper & Scully,
P.C. in San Francisco.

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