Even when a government claim is involved, the government's strategy is to delay as much as possible. So, what is the contractor's prudent method for moving the case?
- Always file the Complaint with the Notice of Appeal.
- Try to get opposing counsel to agree to a discovery schedule and trial date.
- Ask the judge to help negotiate the discovery schedule and trial date.
- Try getting opposing counsel to agree to ADR before discovery.
- Conduct ADR if the government agrees.
- Truncate discovery as much as possible. Use rifle, not shotgun shots.
- Discovery is a constant negotiation of scope. Enlist the judge's help if possible.
- Depositions are essential but move them along quickly. Experts in particular.
- Keep your eye on the prize. You win on the trial and briefing.
- Try to keep the judge engaged in status conferences to keep the case moving.
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