The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

The move to front-loading the discovery process

November 25th, 2015

The New Zealand High Court discovery rules require considerably more work in advance of the first case management conference (CMC). The benefit of this initial work is to assist in limiting the scope of discovery to what really matters and provide considerable value later in the discovery process.

A recent article of mine published in LawTalk Front-loading the discovery process, highlighted the importance of this early work. The article explored the preparations that are now required prior to the first CMC.

Discovery Checklist Requirements

The Discovery Checklist (which must be addressed on all matters), requires considerable more work earlier in the process. This includes discussing with the other parties to agree the scope and practical arrangements for conducting discovery. The Discovery Checklist provides parties with a roadmap to co-operate over a proportionate and reasonable search for documents, that is specifically tailored to the matter at hand.

Early Planning is now essential

The article considered how today’s court requirements, together with the volumes of information require more time to be invested planning at the outset of each discovery exercise. This will help reduce the costs, time (and stress) associated with conducting discovery. To help achieve this it is important to invest time developing a discovery strategy at an early stage.

These messages are reinforced in the conclusion of the LawTalk article –

On all matters parties are now expected to carry out more upfront work in advance of the first CMC.

The time invested at an early stage will provide a considerable advantage prior to agreeing a discovery order with opposing counsel. Parties that invest time in planning for discovery will be in a more informed position to develop their overall case strategy, ensuring a more successful and cost effective discovery process.

You can read the full article in LawTalk here.



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