This presentation is intended to address advanced topics in civil discovery. It presupposes prior experience in written discovery and oral discovery, as well as pretrial procedure. The presentation is divided into two general subject matter areas: Written Discovery and Oral Discovery. The materials are presented in a Frequently Asked Questions (“FAQ”) format that may be more accessible to seasoned practitioners.
Key topics to be discussed:
Can You Require a Verified Statement That the Responding Party Has Searched for Responsive Documents Under Rule 4:9 and FRCP 34?
Are Objections to Discovery Waived if the Discovery Responses Are Served Late?
FRCP 33(d) and Specificity of Identification of Records
Overbroad Corporate Deposition Notices
What Happens When a Corporate Representative “Does Not Know” about a Topic?
Can A Corporate Representative be Forced to Testify About Litigation Contentions?
FRCP 30(b)(5) and Overbroad Deposition Document Requests
Where Is a Corporate Representative Deposed?
Date: December 19, 2022
Robert F. Redmond | McGuireWoods LLP
Bob focuses his practice on mass tort, product liability and complex commercial litigation. He handles high exposure cases and jury trials in state and federal courts around the country.
He recently obtained the largest reported settlement in Virginia — $ 18.8 Million dollars — for The Brink’s Company in an insurance coverage matter against the London markets. The case was pending in the Eastern District of Virginia. His trial experience includes first chair roles in product liability wrongful death cases for a major automobile manufacturer. He was trial counsel in a multi-million-dollar Lanham Act and defamation jury trial in the U.S. District Court for the Eastern District of Virginia. The case resulted in the largest verdict in Virginia for that year. Less than a year earlier, he tried a multi-million-dollar tort case to a d0efense verdict also in the U.S. District Court for the Eastern District of Virginia. Additionally, Bob has tried CERCLA and mold toxicity cases to verdict in Virginia.
He was trial counsel in a case selected by the National Law Journal as one of the “Top Ten Defense Verdicts of 2002,” and has served as counsel in numerous other jury trials around the nation. Bob defends mass and class action defendants and has served as part of the national defense team for a consumer products retailer involved in formaldehyde-related class action litigation and a defendant in mass litigation involving tainted steroid injections. In addition, Bob maintains an active appellate practice. He has appeared as lead appellate counsel six times in the Supreme Court of Virginia and has argued in the Texas Supreme Court, the Texas Court of Appeals and the U.S. Court of Appeals for the Fifth Circuit. He has filed amicus curiae briefs in the U.S. Supreme Court on matters related to patent interpretation.
Bob also maintains an active pro bono practice. In 2005, Bob founded a pro bono clinic in conjunction with the Virginia Hispanic Chamber of Commerce to serve the needs of Hispanic immigrants. The Virginia State Bar and the City of Richmond Bar Association have recognized Bob’s work with their highest pro bono awards.
Prior to entering private practice, Bob was a prosecutor for the U.S. Army in the 82d Airborne Division at Fort Bragg, North Carolina.
I. Can You Require a Verified Statement That the Responding Party Has Searched for Responsive Documents Under Rule 4:9 and FRCP 34? | 1:30pm – 1:45pm
II. Are Objections to Discovery Waived if the Discovery Responses Are Served Late? | 1:45pm – 2:00pm
III. FRCP 33(d) and Specificity of Identification of Records | 2:00pm – 2:15pm
IV. Overbroad Corporate Deposition Notices | 2:15pm – 2:30pm
Break | 2:30pm – 2:40pm
V. What Happens When a Corporate Representative “Does Not Know” about a Topic? | 2:40pm – 2:55pm
VI. Can A Corporate Representative be Forced to Testify About Litigation Contentions? | 2:55pm – 3:10pm
VII. FRCP 30(b)(5) and Overbroad Deposition Document Requests | 3:10pm – 3:25pm
VIII. Where Is a Corporate Representative Deposed? | 3:25pm – 3:40pm