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Discovery In

This resource delves into discovery techniques, including conventional methods like RPOD and interrogatories, as well as non-conventional approaches such as subpoenas and informal inquiries. Learn about a lawyer's duty to inquire, delegability of tasks, and strategies for teaching the judicial process. Discover tactics for handling complex cases, from restraining orders to enforcing third-party liability, and navigating discovery traps. Explore tips for effective use of subpoenas, forensics, financial documents, and uncovering concealment risks, especially related to federal money like farm subsidies. Gain insights into managing disclosure risks and omitted assets in legal proceedings.

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Discovery In

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  1. Discovery In Nebraska State Bar Association 2003 Lincoln, Ne Complex Cases David A Domina DominaLaw PC llo Omaha, NE

  2. Discovery In NSBA 2003 ComplexCases

  3. Conventional Discovery Request for Production of Documents (RPOD) Interrogatories Rule 34. A Subpoenas Non-Conventional Discovery Client Other Lawyers Duty to Inquire

  4. Delegabilty of Inquiry Duty • Lawyer’s Duty – Non Delegable • Informal • Background Inquiry • Learn Business • Learn Industry • Formal Discovery (Minimum) • Interrogatories (Basic) • Request for Production of Documents (Basic)

  5. Duty to Teach Judicial Process • Marital v. Non-marital • Tracing • VanNewKirk • “Changing Investment Value” • Proving Contributions • Alimony Factors • Statutory • Not Ethereal • Remarriage Rule

  6. Tactics • Restraining Orders (§ 42-357) • Use as Discovery Yardstick • Prohibited • Transfer • Encumber (Hinder) • Hypothecate (Pledge) • Conceal • Dispose • Account

  7. Tactics • Joinder / Intervention §§ 25-323; 25-705 • Family • Entities • Creditors • Declaratory Relief § 21,149 • Use of Power of Attorney to bind spouse • Other

  8. Tactics • Impleader ( § 25-331) • Enforce Third Party Liability • Entities • Joint Ventures • Other • Invite Severance • Elevate Awareness • Alternate Innocence

  9. Enforcing Discovery • Strong Measures Mich S.Ct. Sands v Sands • Rules 26, 37 • Contempt • Impeachment • [The reward of patience]

  10. Discovery Traps • Rule 29 Stipulations • Poorly Drafted Requests • Failure to Edit Discovery • Use of Form Discovery • Failure to Use • Rule 30(b) (6) for Entities • Rule 34 A for 3d party documents

  11. FOIA 5 USC § 552 • Identify Agencies • Focus Requests • Ask Early / Often • Send Client Consent • Follow Up

  12. Subpoenas to Agencies • Federal • Service of summons, subpoena, and other compulsory process • Appearance in interest of justice

  13. Subpoenas to Agencies • State Offices and Officials • Subpoena in same manner as others • No procedural difference • Follow protocol for subpoenas to private persons or entities • Be specific in requests

  14. Forensics • CPAs • Trace Cash Flow • Pierce Entities • Capital adequacy • Truthful Asset Usage • Evaluate Financial Statements • Comparative analyses

  15. Use of Documents • Tax Returns • Structure • Financial Sheet • Income Statement • Balance Sheet • Statement of Cash Flows • Bank Balance Sheet v. Tax Records

  16. Federal Money • Farm Subsidies • By Crop • By Enterprise • Program Benefits • By Crop • By Participation Level

  17. Concealment Risks • Farm Bill Benefits • Payments -Timing & Amounts • Contract Not Yet Performed • Delayed Payments • Agreements to Trade in Goods; not $ • Prepaid assets • Mismeasured stored crops

  18. TIPS • Provision Related to Omitted Assets • Disclosures

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