New lawyers usually draft the major part of written discovery. Because this is commonly viewed as an associate’s job, its importance is frequently overlooked. However, discovery is the foundation of every case. It provides the road map for all that will go on in the case — from depositions to motions to trial — so a lot of thought and preparation should go into it.

The most common error when formulating discovery is bad drafting. Overbroad requests, unclear wording or outright mistakes do not result in the desired answers. So, before sitting down to draft a request for production or interrogatories or a request to admit, consider the following guidelines.

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