MGMT 263 Lecture Notes - Lecture 7: The Smoking Gun, Voir Dire, Electronic Discovery
Document Summary
Major types of discovery: interrogatories, document production. The smoking gun: smoking gun = the evidence which will nish off the other side. The company"s worst single engineering mistake, one that will never be repeated again. Standard: is a discovery demand reasonably calculated to lead to relevant evidence: 2. Goals: nd evidence; assess witnesses; no surprises at trial; position for settlement: 3. Abuse potential: in us discovery expense and delay can amount to war of attrition: 4. Management: discovery overusing by judges occurs, but it is spotty: 5. Preservation: records must be preserved when a legal claim appears possible: 6. De nition: records is a very broad term: 7. Destruction: willful or even negligent destruction of records can be fatal to a case: 8. Restoration: e-records are hard to delete completely, but restoration can be costly: 9. Policy: corporations must adopt and follow a records management policy.
