Monday, May 13, 2024

LITIGATION EXPERIENCE MATTERS (4)

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?

  1. Always file the Complaint with the Notice of Appeal.
  2. Try to get opposing counsel to agree to a discovery schedule and trial date.
  3. Ask the judge to help negotiate the discovery schedule and trial date.
  4. Try getting opposing counsel to agree to ADR before discovery.
  5. Conduct ADR if the government agrees.
  6. Truncate discovery as much as possible. Use rifle, not shotgun shots.
  7. Discovery is a constant negotiation of scope. Enlist the judge's help if possible.
  8. Depositions are essential but move them along quickly. Experts in particular.
  9. Keep your eye on the prize. You win on the trial and briefing. 
  10. Try to keep the judge engaged in status conferences to keep the case moving.











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