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Hello stone and hunt sections and welcome to the wild and wonderful world of civil discovery many if not most civil litigators spend the vast majority of their time doing discovery, so it's a very, very important topic and let's talk about why discovery is so important first well discovery allows you to use the resources of the court to find out information you need to know to build your case that's huge right and that serves some additional functions once you find out additional information and everybody has a pretty good sense of what the facts are that facilitates a much more meaningful settlement discussion and if settlement doesn't work out perhaps summary judgment is a device that can be used to dispose of the case because if it turns out after discovery that there's no real dispute about what the facts are than the judge can decide the case as a matter of law and that saves the time and expense that would be entailed in having a full-scale trial and impaneling a jury so discovery important so remember when we talked about the 12 B 6 motion and how it's the goal of plaintiffs to get to discovery, and it's a goal of many defendants to keep plaintiffs from getting to discovery so let's assume that plaintiffs have survived a 12 B 6 motion for failure to state a claim which means that they've unlocked the door to discovery so what lies behind this door that that hides the riches and treasures what's the mysterious thing behind there well you go it's our good old Federal Rules of Civil Procedure, so the good news is that the Federal Rules contain pretty much everything you need to know about govern the bad news is they're sometimes kind of hard to parse through so the goal of our presentation here today is to give you an overview of the way the Federal Rules are set up on discovery and to give you a sense of where you might look for specific questions that you have about a specific way of getting discovery done okay so as we proceed always remember our system is adversarial meets each side should and must do its own work, so the idea is that our system is set up so that each self-interested party presents their side of the story and amasses evidence that supports their side of the story and from that clash of the different versions the truth emerges like a butterfly, and we get to adjust result so to make it work each side has to do its own preparation without concern that the other side might kill for their work right but on the other hand the whole point is to get to the truth right we want to just outcome and hiding things from the other side does not necessarily get you to adjust and truthful answer in fact you might think that getting your cards out on the table would be a better way where everybody knows what the facts are everybody knows what everybody else knows, and we can figure out the just outcome so those days those good old bad old days of the classic Perry Mason episode where the surprise witness shows up at the very last minute,...
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