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Left to right: Nancy Harris and Robert Moutrie, Meyers Nave

Written discovery – some litigators enjoy it as an intellectual challenge, others despise it as grueling drudgery. Drafting the questions and the responses must be done carefully because both are strategically important. Expertly crafted questions are designed to be well-hidden minefields and responding to them requires extraordinary care to anticipate, diffuse, and clear them. Many litigators have declared victory when a cleverly drafted question achieves its goal of boxing in the opponent and obtaining an admission on a critical element of the case. But the more common denial camouflaged in lawyerly objections presents a trickier problem. The big question, then, is what to do next with those denials – or, rather, what not to do.

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