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obiterdictum

03/18/14 8:05 PM

#193893 RE: bmp152 #193797

What does the discovery schedule do?

The discovery schedule details the process that the plaintiffs and defendant agree to undergo to uncover pertinent and relevant facts and to identify witness testimony that can substantiate or establish those facts. Depositions, requests for production of evidence, interrogatories and
requests for admission are usually the targets of discovery (legal dictionary: http://dictionary.law.com/)

Will it layout exactly who will be deposed (if any), documentation requested, etc?

Yes, in general and to a degree without naming (they do not know who yet) depositions, interrogatories, electronic information, etc. as limited by procedural court rules and law and parties agreement (see below).

Is it a detailed or generalized timeline for how the plaintiff's expect the discovery process to proceed?

That depends on how the plaintiffs and defendants work it out. Each discovery schedule is unique to the case at hand and to the degree there is a cooperative or adversarial stance taken to discovery. See an example below.

Does this information become public knowledge immediately or does it remain confidential?

The discovery schedule is public information unless the Judge orders it to be redacted in part or sealed for legal limits on public disclosure of certain private information.

Do the resulting discovery documents/testimony also become public knowledge immediately?

Immediately means what exactly? These are public documents and should be available for a price when they are submitted to the court archives or by a leak or generous soul.

The Basics of a Federal Court Discovery Plan Slides 1 to 32
http://mcsmith.blogs.com/eastern_district_of_texas/files/practice_court_slide_show.pdf

Discovery Schedule/Plan Examples:
1. http://docs.justia.com/cases/federal/district-courts/texas/txndce/3:2008cv00098/173779/12/0.pdf

2. http://docs.justia.com/cases/federal/district-courts/missouri/moedce/4:2007cv00473/85698/25/0.pdf

3. http://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2010cv08394/486829/12/0.pdf

4. http://docs.justia.com/cases/federal/district-courts/michigan/miedce/2:2007cv10168/217618/7/0.pdf

Federal Practice Manual for Legal Aid Attorneys
Chapter 6.2 Discovery
http://federalpracticemanual.org/node/34

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS
As amended through August 30, 2013
http://www.uscfc.uscourts.gov/sites/default/files/court_info/20130813_rules/13.08.30%20Final%20Version%20of%20Rules.pdf

TITLE V. DISCLOSURES AND DISCOVERY - Rules 26 through Rules 37
http://www.law.cornell.edu/rules/frcp#chapter_v

Additional CFR Info
http://www.law.cornell.edu/cfr/text/14/13.217
http://www.law.cornell.edu/cfr/text/14/406.139